I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans’ Whistle5 blower and Patient Protection Act of 2014’’. 

6 SEC. 2. ESTABLISHMENT OF OFFICE OF WHISTLEBLOWER 

7 AND PATIENT PROTECTION. 

8 (a) IN GENERAL.—Chapter 3 of title 38, United 

9 States Code, is amended by inserting after section 319 the 

10 following new section: 


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1 ‘‘§ 319A. Office of Whistleblower and Patient Protec2 tion 

3 ‘‘(a) ESTABLISHMENT.—(1) There is in the Depart4 ment an Office of Whistleblower and Patient Protection 

5 (in this section referred to as the ‘Office’). There is at 

6 the head of the Office a Director appointed by the Sec7 retary solely on the basis of integrity and demonstrated 

8 ability in accounting, auditing, financial analysis, law, 

9 management analysis, public administration, or investiga10 tions. 

11 ‘‘(2) The Director shall be a career appointee in the 

12 Senior Executive Service. 

13 ‘‘(3) The Director reports directly to the Secretary 

14 concerning matters within the responsibility of the Office. 

15 ‘‘(b) COMPLAINTS.—(1) The Director shall establish 

16 a dedicated Internet website and toll-free telephone num17 ber for an individual, regardless of whether the individual 

18 is an employee of the Department, to file a covered com19 plaint directly to the Office. 

20 ‘‘(2)(A) In addition to covered complaints filed di21 rectly with the Office pursuant to paragraph (1), the Sec22 retary shall refer to the Director any covered complaint 

23 that the Secretary receives directly, including pursuant to 

24 the Patient Advocacy Program of the Veterans Health Ad25 ministration or other similar program, or that is trans26 mitted to the Secretary pursuant to section 1213 of title 


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1 5. In accordance with subsection (c), the Director shall 

2 investigate each such complaint. 

3 ‘‘(B) The Secretary may not refer a covered com4 plaint that the Secretary receives as described in subpara5 graph (A) to any element of the Department, including 

6 the Office of Medical Inspection, other than the Office. 

7 ‘‘(C) The Secretary shall ensure that employees of the 

8 Department who are located at a medical facility are able 

9 to efficiently refer to the Director any covered complaints 

10 received at such medical facility. 

11 ‘‘(3) The identity of any individual who files a covered 

12 complaint may not be disclosed by the Director without 

13 the consent of such individual unless the Director deter14 mines that the disclosure of the identity of the individual 

15 is necessary because of an imminent danger to public 

16 health or safety or imminent violation of any criminal law. 

17 ‘‘(c) INVESTIGATION AND DETERMINATION.—(1) 

18 The Director shall investigate each covered complaint that 

19 the Office receives directly pursuant to paragraph (1) of 

20 subsection (b) or that the Secretary refers to the Director 

21 as described in paragraph (2)(A) of such subsection to de22 termine whether there is a substantial likelihood that the 

23 covered complaint discloses a violation of any law, rule, 

24 or regulation, or gross mismanagement, gross waste of 

25 funds, abuse of authority, or substantial and specific danVerDate Mar 15 2010 22:37 Jul 14, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5054.IH H5054

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1 ger to public health and safety. The Director shall make 

2 such determination not later than 240 days after the date 

3 on which the Director receives the covered complaint. The 

4 Director is the only official of the Department of Veterans 

5 Affairs who may conduct an investigation that is required 

6 to be conducted by the Department pursuant to section 

7 1213 of title 5. 

8 ‘‘(2) If the Director makes a positive determination 

9 under paragraph (1) regarding a covered complaint, the 

10 Director shall— 

11 ‘‘(A) notify the Secretary of such determina12 tion, including the basis for such determination and 

13 recommendations for actions to address such covered 

14 complaint; and 

15 ‘‘(B) as appropriate, refer the covered com16 plaint to the head of the appropriate department or 

17 agency of the Federal Government, including the At18 torney General, Special Counsel, or the Inspector 

19 General of the Department of Veterans Affairs. 

20 ‘‘(3)(A) If the Director does not make a positive de21 termination under paragraph (1) regarding a covered com22 plaint, the Director— 

23 ‘‘(i) upon the consent of the individual who filed 

24 the complaint, may transmit the complaint to the 

25 Secretary; and 


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1 ‘‘(ii) if the Director does not transmit the com2 plaint under clause (i), shall inform the individual 

3 of— 

4 ‘‘(I) the reasons for such determination; 

5 and 

6 ‘‘(II) other offices of the Federal Govern7 ment available for receiving such complaints if 

8 the individual wishes to pursue the matter fur9 ther. 

10 ‘‘(B) Within a reasonable time after a covered com11 plaint is transmitted under subparagraph (A)(i), the Sec12 retary shall inform the Director in writing of what action 

13 has been or is being taken and when such action will be 

14 completed. The Director shall inform the individual who 

15 filed the complaint of the report of the Secretary. 

16 ‘‘(d) STAFF AND RESOURCES.—(1) The Office shall 

17 employ a sufficient number of attorneys, investigators, 

18 and other personnel as are necessary to carry out the func19 tions of the Office, including personnel with expertise in 

20 health care matters. Attorneys shall be compensated at a 

21 level commensurate with attorneys employed by the Office 

22 of the General Counsel. 

23 ‘‘(2) The Secretary shall ensure that the Director is 

24 furnished sufficient resources in addition to personnel 


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1 under paragraph (1) to enable the Director to carry out 

2 the functions of the Office in a timely manner. 

3 ‘‘(e) COORDINATION.—In carrying out the duties of 

4 the Office, the Director shall coordinate with the Inspector 

5 General of the Department and the Special Counsel to en6 sure that the actions of the Director are not duplicative 

7 with the Inspector General or the Special Counsel. 

8 ‘‘(f) REPORTS.—(1) During each 90-day period, the 

9 Director shall submit to the Secretary a report that in10 cludes the following: 

11 ‘‘(A) The findings and recommendations made 

12 by the Director to the Secretary during the previous 

13 90-day period. 

14 ‘‘(B) With respect to such recommendations, 

15 whether the Secretary has made any actions based 

16 on such findings during such period. 

17 ‘‘(C) During such period— 

18 ‘‘(i) the number of covered complaints re19 ceived by the Director; 

20 ‘‘(ii) the number of investigations com21 menced; 

22 ‘‘(iii) the number of positive determina23 tions made under paragraph (2) of subsection 

24 (c); 


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1 ‘‘(iv) the number of covered complaints for 

2 which a positive determination was not made 

3 pursuant to paragraph (3)(A) of such sub4 section; and 

5 ‘‘(v) the number of covered complaints 

6 transmitted to the Secretary under such para7 graph. 

8 ‘‘(2) During each 180-day period, the Secretary shall 

9 submit to the Committees on Veterans’ Affairs of the 

10 House of Representatives and the Senate a report that 

11 includes each report described in paragraph (1) submitted 

12 during the previous 180-day period and any legislative rec13 ommendations of the Secretary to address problems or 

14 concerns regarding the Office. 

15 ‘‘(g) COVERED COMPLAINT DEFINED.—In this sec16 tion, the term ‘covered complaint’ means a complaint re17 garding— 

18 ‘‘(1) an alleged prohibited personnel practice 

19 committed by an officer or employee of the Depart20 ment and described in section 2302(b)(8) or 

21 2302(b)(9)(A)(i), (B), (C), or (D) of title 5; or 

22 ‘‘(2) the safety of a patient at a medical facility 

23 of the Department.’’. 

24 (b) CLERICAL AMENDMENT.—The table of sections 

25 at the beginning of such chapter is amended by inserting 


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1 after the item relating to section 319 the following new 

2 item: 

‘‘319A. Office of Whistleblower and Patient Protection.’’. 

Æ 


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