Preventing Retaliation Against Whistleblowers at the VA (H.R. 571)

What is H.R. 571?

(Updated February 15, 2018)

This bill would offer increased protections to employees of the Department of Veterans Affairs (VA) who file whistleblower complaints about misconduct within the agency.

Within two days of receiving the complaint, the whistleblowing employee’s supervisor must determine if there has been a violation of a law, rule, or regulation, gross mismanagement, a gross waste of funds, an abuse of authority, or substantial danger to public health and safety.

If the supervisor fails to respond to the employee’s complaint within that time frame or take satisfactory action in correcting the problem, the employee may bring their complaint to the next level of authority beyond their direct supervisor. The supervisor at the level above the employee’s direct supervisor would have the same two day timeframe to address the issue.

A whistleblower could continue to file complaints, moving up each level of the VA’s management hierarchy until they eventually reach the VA Secretary.

Employees who receive notice that their whistleblower complaint was valid would be required to be informed by the VA Secretary of their ability to volunteer for a transfer to a different department. They would also be granted preference in obtaining the transfer.

VA employees who retaliate against whistleblowers would be subject to the following punishments by the VA Secretary:

• A suspension of at least 14 days and not more than a removal from their position for a first offense.

• Removal from their position for a second offense.

• A fee charged that takes into account the costs incurred by the federal government because of the personnel action.

After being notified that they will be the subject of a punishment for retaliation, an employee must dispute the claim within five days.

The VA Secretary would be empowered to deny bonuses or awards to supervisors who have committed personnel actions covered by this legislation, or fail to comply with the procedures for dealing with whistleblower complaints.

There would also be annual training regarding whistleblower complaints, merit system protection, and whistleblower rights would be prominently displayed on the VA’s website and its facilities.

Argument in favor

Whistleblowers are often the only source of information about misconduct in the government, and they may not come forward if they suspect they’ll be retaliated against. This would improve transparency, and be help the VA in the long-term.

Argument opposed

Protecting whistleblowers needs to be done, but at the same time meteing out such severe punishment to supervisors that retaliate seems like it will make the VA run less efficiently.

Impact

VA employees -- particularly whistleblowers, VA supervisors, the VA Secretary.

Cost of H.R. 571

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Following the scandal surrounding the VA’s wait-lists for veterans seeking medical care, whistleblowers began coming forward in the latter part of 2013. But rather than being treated with respect and having their concerns addressed, whistleblowers faced reprisals that endangered their jobs. More than two dozen whistleblowers have won settlements against the VA for their treatment.

An example of this retribution by supervisors against whistleblowers came at an employee meeting at the Denver VA Hospital, where a supervisor is alleged to have told employees that “Once you talk to the media, you are on your own. The VA does not support you. Once you are in hot water, nobody will help you.”

Another VA employee received an email warning him that he must attend an Administration Investigation Board meeting after speaking to Fox News, and sign a nondisclosure agreement. While this was transpiring, the White House Office of Special Counsel was investigating his whistleblower case.

For its part, the VA thinks that current whistleblower protections are good enough to promote the transparency the VA needs to reform its services. It has said that the provisions safeguarding whistleblowers in the bill would be “unworkable” and that “we believe these current whistleblower protections are effective.”

This bill’s sponsor, Rep. Jeff Miller (R-FL), responded to the VA’s actions, saying that:

“Even though Sec. McDonald says VA will not tolerate retaliation against whistleblowers, the fact remains the department still has much more work to do when it comes to fully addressing this issue.”

Media:

• House Committee on Veterans’ Affairs Press Release
• Washington Post
• Veterans of Foreign Wars (In Favor)
• The Blaze (Context)
• The News Journal (Context)
• 9 News (Context)
• Newsweek (Context)
• Washington Post (Context)
• Arizona Central (Context)
  

Summary by Eric Revell
(Photo Credit: Flickr user MarineCorps NewYork)