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Phillip Huffines

VA Accountability and Whistleblower Protection Act

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Mr. King for himself, with thanks to Mr. Huffines and Mr. Rubio introduce the following bill

An Act
To amend title 38, United States Code, to improve the accountability of 
employees of the Department of Veterans Affairs, and for other purposes.
 
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    (a) Short Title.--This Act may be cited as the ``VA Accountability and Whistleblower Protection Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:
 
Sec. 1. Short title; table of contents.
 
     TITLE I--OFFICE OF ACCOUNTABILITY AND WHISTLEBLOWER PROTECTION
 
Sec. 101. Establishment of Office of Accountability and Whistleblower 
          Protection.
Sec. 102. Protection of whistleblowers in Department of Veterans 
          Affairs.
Sec. 103. Report on methods used to investigate employees of Department 
          of Veterans Affairs.
 
 TITLE II--ACCOUNTABILITY OF SENIOR EXECUTIVES, SUPERVISORS, AND OTHER 
                                EMPLOYEES
 
Sec. 201. Improved authorities of Secretary of Veterans Affairs to 
          improve accountability of senior executives.
Sec. 202. Improved authorities of Secretary of Veterans Affairs to 
          improve accountability of employees.
Sec. 203. Reduction of benefits for Department of Veterans Affairs 
          employees convicted of certain crimes.
Sec. 204. Authority to recoup bonuses or awards paid to employees of 
          Department of Veterans Affairs.
Sec. 205. Authority to recoup relocation expenses paid to or on behalf 
          of employees of Department of Veterans Affairs.
Sec. 206. Time period for response to notice of adverse actions against 
          supervisory employees who commit prohibited personnel actions.
Sec. 207. Direct hiring authority for medical center directors and VISN 
          directors.
Sec. 208. Time periods for review of adverse actions with respect to 
          certain employees.
Sec. 209. Improvement of training for supervisors.
Sec. 210. Assessment and report on effect on senior executives at 
          Department of Veterans Affairs.
Sec. 211. Measurement of Department of Veterans Affairs disciplinary 
          process outcomes and effectiveness.
 
     TITLE I--OFFICE OF ACCOUNTABILITY AND WHISTLEBLOWER PROTECTION
 
    SEC. 101. ESTABLISHMENT OF OFFICE OF ACCOUNTABILITY AND 
      WHISTLEBLOWER PROTECTION.
    (a) In General.--Chapter 3 of title 38, United States Code, is 
amended by adding at the end the following new section:
``Sec. 323. Office of Accountability and Whistleblower Protection
    ``(a) Establishment.--There is established in the Department 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.
    ``(2) The head of the Office shall be known as the `Assistant 
Secretary for Accountability and Whistleblower Protection'.
    ``(3) The Assistant Secretary shall report directly to the 
Secretary on all matters relating to the Office.
    ``(4) Notwithstanding section 308(b) of this title, the Secretary 
may only assign to the Assistant Secretary responsibilities relating to 
the functions of the Office set forth in subsection (c).
    ``(c) Functions.--(1) The functions of the Office are as follows:
        ``(A) Advising the Secretary on all matters of the Department 
    relating to accountability, including accountability of employees 
    of the Department, retaliation against whistleblowers, and such 
    matters as the Secretary considers similar and affect public trust 
    in the Department.
        ``(B) Issuing reports and providing recommendations related to 
    the duties described in subparagraph (A).
        ``(C) Receiving whistleblower disclosures.
        ``(D) Referring whistleblower disclosures received under 
    subparagraph (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 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, the Inspector General of the Department, or such other 
    person with investigatory authority, as the Assistant Secretary 
    considers appropriate.
        ``(F) Recording, tracking, reviewing, and confirming 
    implementation of recommendations from audits and investigations 
    carried out by the Inspector General of the Department, the Medical 
    Inspector of the Department, 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 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) in the Department;
            ``(ii) an individual employed in a confidential, policy-
        making, policy-determining, or policy-advocating position in 
        the Department; 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 for 
    disciplinary action as the Assistant Secretary considers 
    appropriate after substantiating any allegation of misconduct or 
    poor performance pursuant to an investigation carried out as 
    described in subparagraph (F) or (H).
    ``(2) In carrying out the functions of the Office, the Assistant 
Secretary shall ensure that the Office maintains a toll-free telephone 
number and Internet website to receive anonymous whistleblower 
disclosures.

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On 5/24/2018 at 9:31 PM, Phillip Huffines said:

Mr. King for himself, with thanks to Mr. Huffines and Mr. Rubio introduce the following bill

An Act

To amend title 38, United States Code, to improve the accountability of 

employees of the Department of Veterans Affairs, and for other purposes.

 

    Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``VA Accountability and Whistleblower Protection Act''.

    (b) Table of Contents.--The table of contents for this Act is as 

follows:

 

Sec. 1. Short title; table of contents.

 

     TITLE I--OFFICE OF ACCOUNTABILITY AND WHISTLEBLOWER PROTECTION

 

Sec. 101. Establishment of Office of Accountability and Whistleblower 

          Protection.

Sec. 102. Protection of whistleblowers in Department of Veterans 

          Affairs.

Sec. 103. Report on methods used to investigate employees of Department 

          of Veterans Affairs.

 

 TITLE II--ACCOUNTABILITY OF SENIOR EXECUTIVES, SUPERVISORS, AND OTHER 

                                EMPLOYEES

 

Sec. 201. Improved authorities of Secretary of Veterans Affairs to 

          improve accountability of senior executives.

Sec. 202. Improved authorities of Secretary of Veterans Affairs to 

          improve accountability of employees.

Sec. 203. Reduction of benefits for Department of Veterans Affairs 

          employees convicted of certain crimes.

Sec. 204. Authority to recoup bonuses or awards paid to employees of 

          Department of Veterans Affairs.

Sec. 205. Authority to recoup relocation expenses paid to or on behalf 

          of employees of Department of Veterans Affairs.

Sec. 206. Time period for response to notice of adverse actions against 

          supervisory employees who commit prohibited personnel actions.

Sec. 207. Direct hiring authority for medical center directors and VISN 

          directors.

Sec. 208. Time periods for review of adverse actions with respect to 

          certain employees.

Sec. 209. Improvement of training for supervisors.

Sec. 210. Assessment and report on effect on senior executives at 

          Department of Veterans Affairs.

Sec. 211. Measurement of Department of Veterans Affairs disciplinary 

          process outcomes and effectiveness.

 

     TITLE I--OFFICE OF ACCOUNTABILITY AND WHISTLEBLOWER PROTECTION

 

    SEC. 101. ESTABLISHMENT OF OFFICE OF ACCOUNTABILITY AND 

      WHISTLEBLOWER PROTECTION.

    (a) In General.--Chapter 3 of title 38, United States Code, is 

amended by adding at the end the following new section:

``Sec. 323. Office of Accountability and Whistleblower Protection

    ``(a) Establishment.--There is established in the Department 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.

    ``(2) The head of the Office shall be known as the `Assistant 

Secretary for Accountability and Whistleblower Protection'.

    ``(3) The Assistant Secretary shall report directly to the 

Secretary on all matters relating to the Office.

    ``(4) Notwithstanding section 308(b) of this title, the Secretary 

may only assign to the Assistant Secretary responsibilities relating to 

the functions of the Office set forth in subsection (c).

    ``(c) Functions.--(1) The functions of the Office are as follows:

        ``(A) Advising the Secretary on all matters of the Department 

    relating to accountability, including accountability of employees 

    of the Department, retaliation against whistleblowers, and such 

    matters as the Secretary considers similar and affect public trust 

    in the Department.

        ``(B) Issuing reports and providing recommendations related to 

    the duties described in subparagraph (A).

        ``(C) Receiving whistleblower disclosures.

        ``(D) Referring whistleblower disclosures received under 

    subparagraph (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 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, the Inspector General of the Department, or such other 

    person with investigatory authority, as the Assistant Secretary 

    considers appropriate.

        ``(F) Recording, tracking, reviewing, and confirming 

    implementation of recommendations from audits and investigations 

    carried out by the Inspector General of the Department, the Medical 

    Inspector of the Department, 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 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) in the Department;

            ``(ii) an individual employed in a confidential, policy-

        making, policy-determining, or policy-advocating position in 

        the Department; 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 for 

    disciplinary action as the Assistant Secretary considers 

    appropriate after substantiating any allegation of misconduct or 

    poor performance pursuant to an investigation carried out as 

    described in subparagraph (F) or (H).

    ``(2) In carrying out the functions of the Office, the Assistant 

Secretary shall ensure that the Office maintains a toll-free telephone 

number and Internet website to receive anonymous whistleblower 

disclosures.

 

Already graded for Huffines in the house (no double dipping)

King
Republicans Democrats
NAT EV BUS MR ML SJW PRO EN
Change +1 +2 0 +1 +1 0 0 0

 

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5 hours ago, Shiggy said:

 

Already graded for Huffines in the house (no double dipping)

King
Republicans Democrats
NAT EV BUS MR ML SJW PRO EN
Change +1 +2 0 +1 +1 0 0 0

 

Just moving it over so we can pass it in both the house and senate at the same time

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