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Pappas and Mann’s Legislation to Improve Protections for VA Whistleblowers Passes House with Bipartisan Support

September 29, 2022

Today, Congressman Chris Pappas (NH-01), Chair of the Oversight and Investigations Subcommittee of the House Committee on Veterans’ Affairs (HVAC), led the House of Representatives in passing his bipartisan legislation, the Strengthening Whistleblower Protections at the Department of Veterans Affairs Act, which will improve the Department of Veterans Affairs’ (VA) policies and procedures to better protect VA whistleblowers and investigate claims of wrongdoing. 

“Whistleblowers help protect the federal government from waste, fraud, abuse, and mismanagement. In return, we have a responsibility to protect them from retaliation and ensure fair investigations into their claims,” said Congressman Pappas. “My Strengthening Whistleblower Protections at the Department of Veterans Affairs Act will bolster the independence and mission of VA’s whistleblower office in order to improve protections for whistleblowers. I also want to thank Ranking Member Mann for partnering with me on this critical bill. The bipartisan support we saw for this legislation in the House is encouraging and I urge the Senate to take it up quickly.” 

"Whistleblower claims must be taken seriously – especially regarding issues concerning our nation’s heroes,” said Congressman Mann. “As members of Congress, we have a duty to stand up for our veterans, which includes addressing problems like a lack of structure and support for whistleblowers that could hinder veterans. I applaud my colleagues for passing this legislation that will ensure that whistleblower complaints are handled by the Office of Special Counsel, an independent agency with a proven track record. This will protect whistleblowers who expose waste, fraud, and abuse from retaliation and ensure that taxpayer dollars are being used efficiently. I look forward to the bill swiftly making its way to the President’s desk.”

Whistleblowers play a critical role in holding the federal government and its agencies accountable against waste, fraud, abuse, and mismanagement. Multiple oversight hearings held by Congressman Pappas exposed major shortcomings of the VA’s Office of Accountability and Whistleblower Protection (OAWP). This included their failure to protect whistleblowers from retaliation,  the need to strengthen OAWP’s independence, and an unreasonably long wait time to achieve justice for the whistleblowers. 

The Strengthening Whistleblower Protections at the Department of Veterans Affairs Act will ensure whistleblowers protections when reporting issues within the Department by modifying how whistleblower claims are handled and strengthening accountability over the process. The bill relies on the U.S. Office of Special Counsel (OSC), an independent federal investigative agency, to ensure objectivity on addressing retaliation complaints and investigations. 

Specifically, this bill: 

  • Requires VA’s Office of Accountability and Whistleblower Protection (OAWP) to refer whistleblower disclosures and allegations of retaliation to OSC for investigation.
  • Requires OAWP to strengthen accountability over settlement agreements. These are agreements between VA’s Office of General Counsel (OGC) and VA employees who suffered retaliation, which provide financial restitution and guarantees of re-employment.
  • Reaffirms that OAWP is responsible for training and providing information resources to VA employees on whistleblower rights.

This legislation is supported by the Project On Government Oversight, the Whistleblowers of America, and the Government Accountability Project, as well as VA’s labor union, AFGE.

Issues:Veterans