I 
116TH CONGRESS 
2D SESSION 
H. R. 8860 
To amend title 38, United States Code, to make certain improvements in 
the laws relating to whistleblower protection at the Department of Vet-
erans Affairs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 3, 2020 
Mr. PAPPAS introduced the following bill; which was referred to the Committee 
on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to make certain 
improvements in the laws relating to whistleblower pro-
tection at the Department of Veterans Affairs, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Strengthening VA 
Whistleblower Protection Act of 2020’’. 
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SEC. 2. INDEPENDENCE OF OFFICE OF ACCOUNTABILITY 
AND WHISTLEBLOWER PROTECTION FROM 
GENERAL COUNSEL. 
Subsection (e) of section 323 of title 38, United 
States Code, is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘The Office’’; and 
(2) by adding at the end the following new 
paragraphs: 
‘‘(2) The General Counsel of the Department shall 
establish an Office of General Counsel for the Office of 
Accountability and Whistleblower Protection. Such Office, 
and the employees of such Office, shall be independent of 
the Office of the General Counsel of the Department. 
‘‘(3) The General Counsel of the Department, or any 
employee of the Office of the General Counsel of the De-
partment, may not directly or indirectly provide any rec-
ommendation, advisory opinion, or authoritative decision 
for any matter relevant to a whistleblower case under the 
jurisdiction of the Office and the Assistant Secretary. 
‘‘(4) No employee of the Office of the General Coun-
sel of the Department may be detailed, reassigned, or oth-
erwise employed by the Office of Accountability and Whis-
tleblower Protection before the date that is two years after 
the date on which such employee ceases to be an employee 
of the Office of the General Counsel of the Department.’’. 
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SEC. 3. TECHNICAL ASSISTANCE AND GUIDANCE FOR WHIS-
TLEBLOWERS. 
(a) IN GENERAL.—Subchapter II of chapter 7 of 
such title is amended by adding at the end the following 
new section: 
‘‘§ 734. Technical assistance for whistleblowers 
‘‘(a) IN GENERAL.—The Assistant Secretary for Ac-
countability and Whistleblower Protection shall— 
‘‘(1) make all reasonable efforts to— 
‘‘(A) guide, advise, and assist a whistle-
blower regarding a whistleblower’s rights and 
the abilities and authorities of different entities 
that assist or respond to whistleblowers; 
‘‘(B) obtain all evidence necessary to sub-
stantiate the complaint of the whistleblower of 
any alleged— 
‘‘(i) violation of any law, rule, or regu-
lation; 
‘‘(ii) gross mismanagement; 
‘‘(iii) waste of funds; 
‘‘(iv) abuse of authority; 
‘‘(v) specific danger to public health 
or safety; or 
‘‘(vi) censorship related to research, 
analysis, or technical information; and 
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‘‘(2) provide for an optional alternative dispute 
resolution program, which shall include attempts to 
mediate resolutions or find reassignments for De-
partment employees involved in whistleblower allega-
tions. 
‘‘(b) SHARING OF RECORDS.—As part of the assist-
ance provided under this section, the Assistant Secretary 
shall make all reasonable efforts to obtain and share rel-
evant records to the claimant that the claimant adequately 
identifies to the Secretary. 
‘‘(c) WHISTLEBLOWER DEFINED.—In this section, 
the term ‘whistleblower’ has the meaning given such term 
in section 323(h) of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item section 733 the following new item: 
‘‘734. Technical assistance for whistleblowers.’’. 
SEC. 4. EXPANSION OF WHISTLEBLOWER PROTECTIONS. 
(a) CLARIFICATION OF PROHIBITED PERSONNEL AC-
TION.—Section 731(c)(3) of title 38, United States Code, 
is amended by inserting ‘‘making a referral to boards of 
licensure’’ after ‘‘negative peer review’’. 
(b) FUNCTION OF OFFICE OF ACCOUNTABILITY AND 
WHISTLEBLOWER PROTECTION.—Section 323 of such 
title, as amended by section 2, is further amended— 
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