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38 U.S.C. § 323 — Office of Accountability and Whistleblower Protection
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** There is established in the Department an office to be known as the “Office of Accountability and Whistleblower Protection” (in this section referred to as the “Office”).
**(b) Head of Office.—**
(1) The head of the Office shall be responsible for the functions of the Office and shall be appointed by the President pursuant to [section 308(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section308/a&num=0&edition=prelim).
(2) The head of the Office shall be known as the “Assistant Secretary for Accountability and Whistleblower Protection”.
(3) The Assistant Secretary shall report directly to the Secretary on all matters relating to the Office.
(4) Notwithstanding [section 308(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section308/b&num=0&edition=prelim), the Secretary may only assign to the Assistant Secretary responsibilities relating to the functions of the Office set forth in subsection (c).
**(c) Functions.—**
(1) The functions of the Office are as follows:
(A) Advising the Secretary on all matters of the Department relating to accountability, including accountability of employees of the Department, retaliation against whistleblowers, and such matters as the Secretary considers similar and affect public trust in the Department.
(B) Issuing reports and providing recommendations related to the duties described in subparagraph (A).
(C) Receiving whistleblower disclosures.
(D) Referring whistleblower disclosures received under subparagraph (C) for investigation to the Office of the Medical Inspector, the Office of Inspector General, or other investigative entity, as appropriate, if the Assistant Secretary has reason to believe the whistleblower dis
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Source location: Title 38, Chapter 3, § 323; chapter-003-department-of-veterans-affairs.md
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**(a) Establishment.—** There is established in the Department an office to be known as the “Office of Accountability and Whistleblower Protection” (in this section referred to as the “Office”).
**(b) Head of Office.—**
(1) The head of the Office shall be responsible for the functions of the Office and shall be appointed by the President pursuant to [section 308(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section308/a&num=0&edition=prelim).
(2) The head of the Office shall be known as the “Assistant Secretary for Accountability and Whistleblower Protection”.
(3) The Assistant Secretary shall report directly to the Secretary on all matters relating to the Office.
(4) Notwithstanding [section 308(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section308/b&num=0&edition=prelim), the Secretary may only assign to the Assistant Secretary responsibilities relating to the functions of the Office set forth in subsection (c).
**(c) Functions.—**
(1) The functions of the Office are as follows:
(A) Advising the Secretary on all matters of the Department relating to accountability, including accountability of employees of the Department, retaliation against whistleblowers, and such matters as the Secretary considers similar and affect public trust in the Department.
(B) Issuing reports and providing recommendations related to the duties described in subparagraph (A).
(C) Receiving whistleblower disclosures.
(D) Referring whistleblower disclosures received under subparagraph (C) for investigation to the Office of the Medical Inspector, the Office of Inspector General, or other investigative entity, as appropriate, if the Assistant Secretary has reason to believe the whistleblower disclosure is evidence of a violation of a provision of law, mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to public health or safety.
(E) Receiving and referring disclosures from the Special Counsel for investigation to the Medical Inspector of the Department, the Inspector General of the Department, or such other person with investigatory authority, as the Assistant Secretary considers appropriate.
(F) Recording, tracking, reviewing, and confirming implementation of recommendations from audits and investigations carried out by the Inspector General of the Department, the Medical Inspector of the Department, the Special Counsel, and the Comptroller General of the United States, including the imposition of disciplinary actions and other corrective actions contained in such recommendations.
(G) Analyzing data from the Office and the Office of Inspector General telephone hotlines, other whistleblower disclosures, disaggregated by facility and area of health care if appropriate, and relevant audits and investigations to identify trends and issue reports to the Secretary based on analysis conducted under this subparagraph.
(H) Receiving, reviewing, and investigating allegations of misconduct, retaliation, or poor performance involving—
(i) an individual in a senior executive position (as defined in [section 713(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section713/d&num=0&edition=prelim)) in the Department;
(ii) an individual employed in a confidential, policy-making, policy-determining, or policy-advocating position in the Department; or
(iii) a supervisory employee, if the allegation involves retaliation against an employee for making a whistleblower disclosure.
(I) Making such recommendations to the Secretary for disciplinary action as the Assistant Secretary considers appropriate after substantiating any allegation of misconduct or poor performance pursuant to an investigation carried out as described in subparagraph (F) or (H).
(2) In carrying out the functions of the Office, the Assistant Secretary shall ensure that the Office maintains a toll-free telephone number and Internet website to receive anonymous whistleblower disclosures.
(3) In any case in which the Assistant Secretary receives a whistleblower disclosure from an employee of the Department under paragraph (1)(C), the Assistant Secretary may not disclose the identity of the employee without the consent of the employee, except in accordance with the provisions of [section 552a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim), or as required by any other applicable provision of Federal law.
**(d) Staff and Resources.—** The Secretary shall ensure that the Assistant Secretary has such staff, resources, and access to information as may be necessary to carry out the functions of the Office.
**(e) Relation to Office of General Counsel.—** The Office shall not be established as an element of the Office of the General Counsel and the Assistant Secretary may not report to the General Counsel.
**(f) Reports.—**
(1)
(A) Not later than June 30 of each calendar year, beginning with June 30, 2017, the Assistant Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the activities of the Office during the calendar year in which the report is submitted.
(B) Each report submitted under subparagraph (A) shall include, for the period covered by the report, the following:
(i) A full and substantive analysis of the activities of the Office, including such statistical information as the Assistant Secretary considers appropriate.
(ii) Identification of any issues reported to the Secretary under subsection (c)(1)(G), including such data as the Assistant Secretary considers relevant to such issues and any trends the Assistant Secretary may have identified with respect to such issues.
(iii) Identification of such concerns as the Assistant Secretary may have regarding the size, staffing, and resources of the Office and such recommendations as the Assistant Secretary may have for legislative or administrative action to address such concerns.
(iv) Such recommendations as the Assistant Secretary may have for legislative or administrative action to improve—
(I) the process by which concerns are reported to the Office; and
(II) the protection of whistleblowers within the Department.
(v) Such other matters as the Assistant Secretary considers appropriate regarding the functions of the Office or other matters relating to the Office.
(2) If the Secretary receives a recommendation for disciplinary action under subsection (c)(1)(I) and does not take or initiate the recommended disciplinary action before the date that is 60 days after the date on which the Secretary received the recommendation, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a detailed justification for not taking or initiating such disciplinary action.
**(g) Definitions.—** In this section:
(1) The term “supervisory employee” means an employee of the Department who is a supervisor as defined in [section 7103(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7103/a&num=0&edition=prelim).
(2) The term “whistleblower” means one who makes a whistleblower disclosure.
(3) The term “whistleblower disclosure” means any disclosure of information by an employee of the Department or individual applying to become an employee of the Department which the employee or individual reasonably believes evidences—
(A) a violation of a law, rule, or regulation; or
(B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** For purposes of this section—
(1) the term “agency” means agency as defined in section 552(e) 11 See References in Text note below. of this title;
(2) the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent residence;
(3) the term “maintain” includes maintain, collect, use, or disseminate;
(4) the term “record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph;
(5) the term “system of records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual;
(6) the term “statistical record” means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by [section 8 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section8&num=0&edition=prelim);
(7) the term “routine use” means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected;
(8) the term “matching program”—
(A) means any computerized comparison of—
(i) two or more automated systems of records or a system of records with non-Federal records for the purpose
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 552a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Development and Use of Criteria Required.—** The Secretary, in consultation with the Assistant Secretary of Accountability and Whistleblower Protection, shall develop criteria that—
(1) the Secretary shall use as a critical element in any evaluation of the performance of a supervisory employee; and
(2) promotes the protection of whistleblowers.
**(b) Principles for Protection of Whistleblowers.—** The criteria required by subsection (a) shall include principles for the protection of whistleblowers, such as the degree to which supervisory employees respond constructively when employees of the Department report concerns, take responsible action to resolve such concerns, and foster an environment in which employees of the Department feel comfortable reporting concerns to supervisory employees or to the appropriate authorities.
**(c) Supervisory Employee and Whistleblower Defined.—** In this section, the terms “supervisory employee” and “whistleblower” have the meanings given such terms in [section 323 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section323&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 732
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Training.—** Not less frequently than once every two years, the Secretary, in coordination with the Whistleblower Protection Ombudsman designated under section 3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. App.),11 See References in Text note below. shall provide to each employee of the Department training regarding whistleblower disclosures, including—
(1) an explanation of each method established by law in which an employee may file a whistleblower disclosure;
(2) the right of the employee to petition Congress regarding a whistleblower disclosure in accordance with [section 7211 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7211&num=0&edition=prelim);
(3) an explanation that the employee may not be prosecuted or reprised against for disclosing information to Congress, the Inspector General, or another investigatory agency in instances where such disclosure is permitted by law, including under sections 5701, 5705, and 7732 of this title, under [section 552a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim) (commonly referred to as the Privacy Act), under chapter 93 of title 18, and pursuant to regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191);
(4) an explanation of the language that is required to be included in all nondisclosure policies, forms, and agreements pursuant to section 115(a)(1) of the Whistleblower Protection Enhancement Act of 2012 ([5 U.S.C. 2302](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302&num=0&edition=prelim) note); and
(5) the right of contractors to be protected from reprisal for the disclosure of certain i
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 733
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Federal law — U.S. Code and appendices · legal_authorities
Page 75
TITLE 38—VETERANS’ BENEFITS
§ 323
2018—Subsec. (d)(4). Pub. L. 115–251 substituted ‘‘2020’’
for ‘‘2019’’.
2017—Subsec. (d)(4). Pub. L. 115–62 substituted ‘‘2019’’
for ‘‘2017’’.
2016—Subsec. (d)(1). Pub. L. 114–223 substituted ‘‘al-
lowance to—’’ for ‘‘allowance to’’, inserted subpar. (A)
designation before ‘‘a veteran with a disability’’, and
added subpar. (B).
Subsec. (d)(4). Pub. L. 114–228 substituted ‘‘2017’’ for
‘‘2016’’.
2015—Subsec. (d)(4). Pub. L. 114–58 substituted ‘‘2016’’
for ‘‘2015’’.
2013—Subsec. (b)(4). Pub. L. 113–59, § 4(b), substituted
‘‘cooperate with entities with significant experience in
managing large-scale adaptive sports programs;’’ for
‘‘cooperate with the United States Olympic Committee
and its partners to promote the participation of dis-
abled veterans and disabled members of the Armed
Forces in sporting events sponsored by the United
States Olympic Committee and its partners;’’.
Pub. L. 113–37, § 2(a)(2), substituted ‘‘United States
Olympic Committee’’ for ‘‘United States Paralympics,
Inc.,’’ in two places.
Subsec. (d)(1). Pub. L. 113–37, § 2(a)(2), substituted
‘‘United States Olympic Committee’’ for ‘‘United
States Paralympics, Inc.,’’ wherever appearing.
Subsec. (d)(4). Pub. L. 113–59, § 4(a), substituted
‘‘through 2015.’’ for ‘‘through 2013 and $500,000 for the
period beginning October 1, 2013, and ending December
31, 2013.’’
Pub. L. 113–37, § 2(a)(1), inserted ‘‘and $500,000 for the
period beginning October 1, 2013, and ending December
31, 2013’’ before period at end.
Subsecs. (e), (f). Pub. L. 113–59, § 4(c), added subsec. (e)
and redesignated former subsec. (e) as (f).
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
References to the United States Olympic Committee
deemed to refer to th
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 323
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