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Chris Pappas for Congress: Pappas, Mann, Introduce Bipartisan Legislation to Improve Protections for VA Whistleblowers

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From July 26, 2022 post

Today, Congressman Chris Pappas (NH-01), Chairman for the Subcommittee on Oversight & Investigations of the House Veterans' Affairs Committee, and Congressman Tracey Mann (KS-01), Ranking Member, introduced the bipartisan Strengthening Whistleblower Protections at the Department of Veterans Affairs Act to improve policies and procedures to better protect VA whistleblowers.

Subcommittee hearings have revealed that VA employees who blow the whistle on waste and fraud do so at the risk of loss of their jobs and careers. Further, whistleblowers often wait years to be made whole after experiencing retaliation under current Department policies and procedures. To ensure that whistleblowers feel safe reporting issues within the department, this legislation makes major changes to how whistleblower claims are handled and strengthens accountability over the process. The bill ends VA's authority to investigate whistleblower retaliation complaints and instead relies on the independent U.S. Office of Special Counsel (OSC) to ensure objectivity over the process. OSC, an independent federal investigative agency, has higher trust within the whistleblower community than OAWP. Currently, one-third of OSC's whistleblower investigations involve VA employee complaints.

"Whistleblowers play an essential role in safeguarding the federal government against waste, fraud, abuse, and mismanagement," said Congressman Pappas. "Too often though the messenger is the one who is punished, and we have seen clear proof that this has been the case for VA whistleblowers. Whistleblowers must be protected from retaliation. This is not only the law, it is also the right thing to do. I wish to thank Representative Mann for his ongoing work on this issue, and for joining me in introducing this bipartisan legislation today that will strengthen the independence and mission of VA's whistleblower office."

"Whistleblower claims must be taken seriously – especially regarding issues concerning our nation's heroes," said Congressman Mann. "As members of the House Veterans' Affairs Committee, we have a duty to address problems like the lack of structure and support for whistleblowers that could hinder veterans. Our legislation will create checks and balances for offices managing whistleblower complaints – an effort that will simultaneously use taxpayer dollars more efficiently and protect whistleblowers. I appreciate Representative Pappas leading this bill with me which will result in more transparency and a higher standard of service at the VA."

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.

"This legislation shows a clear understanding of the issues the VA's Office of Accountability and Whistleblower Protection has had meeting its mission. POGO is proud to support this bill to reframe the office to better support whistleblowers and bring about the needed culture change at the Department of Veterans Affairs," said Liz Hempowitz, Director of Public Policy, Project On Government Oversight.

"Whistleblowers of America is grateful for this bipartisan effort to help VA whistleblowers access better protections, and create safer proceedings that will free them from the harm of retaliation," said Jackie Garrick, Executive Director, Whistleblowers of America.

"OAWP was a worthy idea, but in practice, it has been a Trojan horse both for whistleblowers and staff dedicated to the mission Congress legislated. This is legislation that creates a legitimate structure so that a good idea will not keep going bad," said Tom Devine, Legal Director, Government Accountability Project.

Issues: Veterans

Original source can be found here.

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