Improving Accountability and Whistleblower Protection at the Department of Veterans Affairs

This executive order directs the VA Secretary to create an Office of Accountability and Whistleblower Protection within 45 days, headed by a Special Assistant reporting directly to the Secretary. The office is tasked with advising on disciplinary actions against underperforming employees, identifying statutory barriers to firing employees who jeopardize veteran welfare, resolving whistleblower complaints, and protecting employees from retaliation.

Federal Register Open PDF 82 FR 20539

Impact dates

Jun 11, 2017
Office of Accountability and Whistleblower Protection established and Special Assistant appointed

Key directives

Establish Office of Accountability and Whistleblower Protection within 45 days
Appoint Special Assistant as Executive Director reporting directly to Secretary
Advise Secretary on using authorities to discipline/terminate employees who violated public trust
Identify statutory barriers to disciplining employees who jeopardized veteran health/safety/well-being
Report statutory barriers to Secretary for legislative change consideration
Ensure swift resolution of veterans' complaints of wrongdoing
Ensure adequate investigation and correction of wrongdoing
Protect employees who lawfully disclose wrongdoing from retaliation
Consider whether Office functions duplicate existing VA components
Consider combining Office with other VA components for efficiency

Who is ordered

Secretary of Veterans Affairs · Department of Veterans Affairs

Timeline

Immediate

Office establishment process begins
Special Assistant position created

Near term (90d)

Office of Accountability and Whistleblower Protection must be established (45 days)
Initial identification of statutory barriers to employee discipline
Development of complaint resolution procedures

Long term

Potential legislative recommendations to Congress
Structural changes to VA accountability mechanisms
Ongoing whistleblower protection implementation

Risks & tensions

Subject to availability of appropriations may limit implementation if Congress does not fund
Overlapping with existing VA offices could create bureaucratic friction
Statutory barriers identified may require congressional action the administration cannot guarantee
Protection of whistleblowers vs. discipline of employees creates inherent institutional tension
Vague phrase 'to the extent permitted by law' creates uncertainty about actual authority scope