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 Whistle-
blower and Patient Protection. 
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 ‘‘Veterans’ Whistle-
blower 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: 
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‘‘§ 319A. Office of Whistleblower and Patient Protec-
tion 
‘‘(a) ESTABLISHMENT.—(1) There is in the Depart-
ment 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 Sec-
retary solely on the basis of integrity and demonstrated 
ability in accounting, auditing, financial analysis, law, 
management analysis, public administration, or investiga-
tions. 
‘‘(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 num-
ber for an individual, regardless of whether the individual 
is an employee of the Department, to file a covered com-
plaint directly to the Office. 
‘‘(2)(A) In addition to covered complaints filed di-
rectly with the Office pursuant to paragraph (1), the Sec-
retary shall refer to the Director any covered complaint 
that the Secretary receives directly, including pursuant to 
the Patient Advocacy Program of the Veterans Health Ad-
ministration or other similar program, or that is trans-
mitted to the Secretary pursuant to section 1213 of title 
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5. In accordance with subsection (c), the Director shall 
investigate each such complaint. 
‘‘(B) The Secretary may not refer a covered com-
plaint that the Secretary receives as described in subpara-
graph (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 deter-
mines 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 de-
termine 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 dan-
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ger 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 determina-
tion, including the basis for such determination and 
recommendations for actions to address such covered 
complaint; and 
‘‘(B) as appropriate, refer the covered com-
plaint to the head of the appropriate department or 
agency of the Federal Government, including the At-
torney General, Special Counsel, or the Inspector 
General of the Department of Veterans Affairs. 
‘‘(3)(A) If the Director does not make a positive de-
termination under paragraph (1) regarding a covered com-
plaint, the Director— 
‘‘(i) upon the consent of the individual who filed 
the complaint, may transmit the complaint to the 
Secretary; and 
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‘‘(ii) if the Director does not transmit the com-
plaint under clause (i), shall inform the individual 
of— 
‘‘(I) the reasons for such determination; 
and 
‘‘(II) other offices of the Federal Govern-
ment available for receiving such complaints if 
the individual wishes to pursue the matter fur-
ther. 
‘‘(B) Within a reasonable time after a covered com-
plaint is transmitted under subparagraph (A)(i), the Sec-
retary 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 func-
tions 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 
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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 en-
sure 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 in-
cludes 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 re-
ceived by the Director; 
‘‘(ii) the number of investigations com-
menced; 
‘‘(iii) the number of positive determina-
tions made under paragraph (2) of subsection 
(c); 
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‘‘(iv) the number of covered complaints for 
which a positive determination was not made 
pursuant to paragraph (3)(A) of such sub-
section; and 
‘‘(v) the number of covered complaints 
transmitted to the Secretary under such para-
graph. 
‘‘(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 rec-
ommendations of the Secretary to address problems or 
concerns regarding the Office. 
‘‘(g) COVERED COMPLAINT DEFINED.—In this sec-
tion, the term ‘covered complaint’ means a complaint re-
garding— 
‘‘(1) an alleged prohibited personnel practice 
committed by an officer or employee of the Depart-
ment 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 
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after the item relating to section 319 the following new 
item: 
‘‘319A. Office of Whistleblower and Patient Protection.’’. 
Æ 
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