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Pappas Continues Fight to Strengthen the VA and Protect Whistleblowers With New Legislation

December 3, 2020

Pappas Continues Fight to Strengthen the VA and Protect Whistleblowers With New Legislation

Today, Congressman Chris Pappas (NH-01), Chair of Oversight and Investigations for the House Committee on Veterans' Affairs, introduced the Strengthening VA Whistleblower Protection Act Of 2020 which takes critical steps to improve the VA's ability to protect whistleblowers and better investigate claims of wrongdoing.

The Department of Veterans Affairs and our veterans have greatly benefited from whistleblowers that have exposed wrongdoing within the agency, yet far too many whistleblowers are ignored, and when they aren't, face retaliation, up to and including termination.

Congress established the Office of Accountability and Whistleblower Protection (OAWP) in 2017 to help address the lack of protection for VA whistleblowers, yet multiple oversight hearings held by Congressman Pappas exposed grave shortcomings. Specifically, these two hearings exposed the VA's failure to protect whistleblowers from VA's retaliatory culture and that the lack of independence of the OAWP prevents an unbiased view of serious allegations.

"In order to deliver on the promises we made to our veterans and increase the quality of care within the VA we must strengthen protections for those sounding the alarm, which is why I introduced the Whistleblower Protection Act," said Congressman Pappas. "Although the VA has taken some initiatives, it is evident that their inability to fix the retaliatory culture of the VA and guarantee the fair review of serious allegations shows how far we have to go. I remain committed to strengthening the Office on Whistleblower Protections due to the fundamental role they play in allowing us to better serve our veterans."

The Strengthening VA Whistleblower Protection Act Of 2020 will:

· Establish Independent Legal Reviews by creating a general counsel for OAWP independent of the VA Office of General Counsel (GC). The bill would prevent the VA GC from providing any recommendation, advisory opinion, or authoritative decision for any matter relevant to a whistleblower case under OAWP. The VA GC handles defense of the Department against legal and administration actions by employees, including whistleblowers. Therefore, review of complaints and investigations of whistleblower complaints currently places the VA GC in conflict.

· Ensure Support for Whistleblowers by requiring the OAWP to guide, advise, and assist a whistleblower regarding their rights and in gathering documents and other evidence. In addition, the bill would create an optional alternative dispute resolution program to mediate resolutions and find reassignments for Department employees involved in whistleblower allegations.

· Strengthen Whistleblower Protections by broadening VA whistleblower protections to include federal Senior Executive Service employees. The bill would also strengthen OAWP's protections for whistleblowers during investigations.

Issues:Veterans