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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5054 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5054

    To amend title 38, United States Code, to establish within the 
 Department of Veterans Affairs an Office of Whistleblower and Patient 
                              Protection.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 10, 2014

 Mrs. Kirkpatrick introduced the following bill; which was referred to 
                   the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
    To amend title 38, United States Code, to establish within the 
 Department of Veterans Affairs an Office of Whistleblower and Patient 
                              Protection.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans' Whistleblower and Patient 
Protection Act of 2014''.

SEC. 2. ESTABLISHMENT OF OFFICE OF WHISTLEBLOWER AND PATIENT 
              PROTECTION.

    (a) In General.--Chapter 3 of title 38, United States Code, is 
amended by inserting after section 319 the following new section:
``Sec. 319A. Office of Whistleblower and Patient Protection
    ``(a) Establishment.--(1) There is in the Department an Office of 
Whistleblower and Patient Protection (in this section referred to as 
the `Office'). There is at the head of the Office a Director appointed 
by the Secretary solely on the basis of integrity and demonstrated 
ability in accounting, auditing, financial analysis, law, management 
analysis, public administration, or investigations.
    ``(2) The Director shall be a career appointee in the Senior 
Executive Service.
    ``(3) The Director reports directly to the Secretary concerning 
matters within the responsibility of the Office.
    ``(b) Complaints.--(1) The Director shall establish a dedicated 
Internet website and toll-free telephone number for an individual, 
regardless of whether the individual is an employee of the Department, 
to file a covered complaint directly to the Office.
    ``(2)(A) In addition to covered complaints filed directly with the 
Office pursuant to paragraph (1), the Secretary shall refer to the 
Director any covered complaint that the Secretary receives directly, 
including pursuant to the Patient Advocacy Program of the Veterans 
Health Administration or other similar program, or that is transmitted 
to the Secretary pursuant to section 1213 of title 5. In accordance 
with subsection (c), the Director shall investigate each such 
complaint.
    ``(B) The Secretary may not refer a covered complaint that the 
Secretary receives as described in subparagraph (A) to any element of 
the Department, including the Office of Medical Inspection, other than 
the Office.
    ``(C) The Secretary shall ensure that employees of the Department 
who are located at a medical facility are able to efficiently refer to 
the Director any covered complaints received at such medical facility.
    ``(3) The identity of any individual who files a covered complaint 
may not be disclosed by the Director without the consent of such 
individual unless the Director determines that the disclosure of the 
identity of the individual is necessary because of an imminent danger 
to public health or safety or imminent violation of any criminal law.
    ``(c) Investigation and Determination.--(1) The Director shall 
investigate each covered complaint that the Office receives directly 
pursuant to paragraph (1) of subsection (b) or that the Secretary 
refers to the Director as described in paragraph (2)(A) of such 
subsection to determine whether there is a substantial likelihood that 
the covered complaint discloses a violation of any law, rule, or 
regulation, or gross mismanagement, gross waste of funds, abuse of 
authority, or substantial and specific danger to public health and 
safety. The Director shall make such determination not later than 240 
days after the date on which the Director receives the covered 
complaint. The Director is the only official of the Department of 
Veterans Affairs who may conduct an investigation that is required to 
be conducted by the Department pursuant to section 1213 of title 5.
    ``(2) If the Director makes a positive determination under 
paragraph (1) regarding a covered complaint, the Director shall--
            ``(A) notify the Secretary of such determination, including 
        the basis for such determination and recommendations for 
        actions to address such covered complaint; and
            ``(B) as appropriate, refer the covered complaint to the 
        head of the appropriate department or agency of the Federal 
        Government, including the Attorney General, Special Counsel, or 
        the Inspector General of the Department of Veterans Affairs.
    ``(3)(A) If the Director does not make a positive determination 
under paragraph (1) regarding a covered complaint, the Director--
            ``(i) upon the consent of the individual who filed the 
        complaint, may transmit the complaint to the Secretary; and
            ``(ii) if the Director does not transmit the complaint 
        under clause (i), shall inform the individual of--
                    ``(I) the reasons for such determination; and
                    ``(II) other offices of the Federal Government 
                available for receiving such complaints if the 
                individual wishes to pursue the matter further.
    ``(B) Within a reasonable time after a covered complaint is 
transmitted under subparagraph (A)(i), the Secretary shall inform the 
Director in writing of what action has been or is being taken and when 
such action will be completed. The Director shall inform the individual 
who filed the complaint of the report of the Secretary.
    ``(d) Staff and Resources.--(1) The Office shall employ a 
sufficient number of attorneys, investigators, and other personnel as 
are necessary to carry out the functions of the Office, including 
personnel with expertise in health care matters. Attorneys shall be 
compensated at a level commensurate with attorneys employed by the 
Office of the General Counsel.
    ``(2) The Secretary shall ensure that the Director is furnished 
sufficient resources in addition to personnel under paragraph (1) to 
enable the Director to carry out the functions of the Office in a 
timely manner.
    ``(e) Coordination.--In carrying out the duties of the Office, the 
Director shall coordinate with the Inspector General of the Department 
and the Special Counsel to ensure that the actions of the Director are 
not duplicative with the Inspector General or the Special Counsel.
    ``(f) Reports.--(1) During each 90-day period, the Director shall 
submit to the Secretary a report that includes the following:
            ``(A) The findings and recommendations made by the Director 
        to the Secretary during the previous 90-day period.
            ``(B) With respect to such recommendations, whether the 
        Secretary has made any actions based on such findings during 
        such period.
            ``(C) During such period--
                    ``(i) the number of covered complaints received by 
                the Director;
                    ``(ii) the number of investigations commenced;
                    ``(iii) the number of positive determinations made 
                under paragraph (2) of subsection (c);
                    ``(iv) the number of covered complaints for which a 
                positive determination was not made pursuant to 
                paragraph (3)(A) of such subsection; and
                    ``(v) the number of covered complaints transmitted 
                to the Secretary under such paragraph.
    ``(2) During each 180-day period, the Secretary shall submit to the 
Committees on Veterans' Affairs of the House of Representatives and the 
Senate a report that includes each report described in paragraph (1) 
submitted during the previous 180-day period and any legislative 
recommendations of the Secretary to address problems or concerns 
regarding the Office.
    ``(g) Covered Complaint Defined.--In this section, the term 
`covered complaint' means a complaint regarding--
            ``(1) an alleged prohibited personnel practice committed by 
        an officer or employee of the Department and described in 
        section 2302(b)(8) or 2302(b)(9)(A)(i), (B), (C), or (D) of 
        title 5; or
            ``(2) the safety of a patient at a medical facility of the 
        Department.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
319 the following new item:

``319A. Office of Whistleblower and Patient Protection.''.
                                 <all>
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