---
kind: "section"
citation: "38 U.S.C. § 323"
title: "38"
title_heading: "Veterans’ Benefits"
number: "323"
heading: "Office of Accountability and Whistleblower Protection"
release: "119-102"
url: "https://uscodex.org/usc/38/323"
units:
  - "Part I — General Provisions"
  - "Chapter 3 — Department of Veterans Affairs"
---

# §323. Office of Accountability and Whistleblower Protection

- (a) **Establishment.—** There is established in the [Department](/usc/38/101.md?p=1) an office to be known as the “Office of Accountability and [Whistleblower](#g-2) 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](/usc/38/308.md?p=a).
  - (2) The head of the Office shall be known as the “Assistant [Secretary](/usc/38/101.md?p=1) for Accountability and [Whistleblower](#g-2) Protection”.
  - (3) The Assistant [Secretary](/usc/38/101.md?p=1) shall report directly to the [Secretary](/usc/38/101.md?p=1) on all matters relating to the Office.
  - (4) Notwithstanding [section 308(b) of this title](/usc/38/308.md?p=b), the [Secretary](/usc/38/101.md?p=1) may only assign to the Assistant [Secretary](/usc/38/101.md?p=1) responsibilities relating to the functions of the Office set forth in [subsection (c)](#c).
- (c) **Functions.—**
  - (1) The functions of the Office are as follows:
    - (A) Advising the [Secretary](/usc/38/101.md?p=1) on all matters of the [Department](/usc/38/101.md?p=1) relating to accountability, including accountability of [employees](/usc/38/4303.md?p=3) of the [Department](/usc/38/101.md?p=1), retaliation against [whistleblowers](#g-2), and such matters as the [Secretary](/usc/38/101.md?p=1) considers similar and affect public trust in the [Department](/usc/38/101.md?p=1).
    - (B) Issuing reports and providing recommendations related to the duties described in [subparagraph (A)](#c-1-A).
    - (C) Receiving [whistleblower disclosures](#g-3).
    - (D) Referring [whistleblower disclosures](#g-3) received under [subparagraph (C)](#c-1-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](/usc/38/101.md?p=1) has reason to believe the [whistleblower disclosure](#g-3) 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](/usc/38/101.md?p=1), the Inspector General of the [Department](/usc/38/101.md?p=1), or such other person with investigatory authority, as the Assistant [Secretary](/usc/38/101.md?p=1) considers appropriate.
    - (F) Recording, tracking, reviewing, and confirming implementation of recommendations from audits and investigations carried out by the Inspector General of the [Department](/usc/38/101.md?p=1), the Medical Inspector of the [Department](/usc/38/101.md?p=1), 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](#g-3), disaggregated by facility and area of health care if appropriate, and relevant audits and investigations to identify trends and issue reports to the [Secretary](/usc/38/101.md?p=1) 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](/usc/38/713.md?p=d)) in the [Department](/usc/38/101.md?p=1);
      - (ii) an individual employed in a confidential, policy-making, policy-determining, or policy-advocating position in the [Department](/usc/38/101.md?p=1); or
      - (iii) a [supervisory employee](#g-1), if the allegation involves retaliation against an [employee](/usc/38/4303.md?p=3) for making a [whistleblower disclosure](#g-3).
    - (I) Making such recommendations to the [Secretary](/usc/38/101.md?p=1) for disciplinary action as the Assistant [Secretary](/usc/38/101.md?p=1) considers appropriate after substantiating any allegation of misconduct or poor performance pursuant to an investigation carried out as described in subparagraph [(F)](#c-1-F) or [(H)](#c-1-H).
  - (2) In carrying out the functions of the Office, the Assistant [Secretary](/usc/38/101.md?p=1) shall ensure that the Office maintains a toll-free telephone number and Internet website to receive anonymous [whistleblower disclosures](#g-3).
  - (3) In any case in which the Assistant [Secretary](/usc/38/101.md?p=1) receives a [whistleblower disclosure](#g-3) from an [employee](/usc/38/4303.md?p=3) of the [Department](/usc/38/101.md?p=1) under [paragraph (1)(C)](#c-1-C), the Assistant [Secretary](/usc/38/101.md?p=1) may not disclose the identity of the [employee](/usc/38/4303.md?p=3) without the consent of the [employee](/usc/38/4303.md?p=3), except in accordance with the provisions of [section 552a of title 5](/usc/5/552a.md), or as required by any other applicable provision of Federal law.
- (d) **Staff and Resources.—** The [Secretary](/usc/38/101.md?p=1) shall ensure that the Assistant [Secretary](/usc/38/101.md?p=1) 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](/usc/38/101.md?p=1) 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](/usc/38/101.md?p=1) shall submit to the Committee on [Veterans](/usc/38/101.md?p=2)’ Affairs of the Senate and the Committee on [Veterans](/usc/38/101.md?p=2)’ 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)](#f-1-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](/usc/38/101.md?p=1) considers appropriate.
      - (ii) Identification of any issues reported to the [Secretary](/usc/38/101.md?p=1) under [subsection (c)(1)(G)](#c-1-G), including such data as the Assistant [Secretary](/usc/38/101.md?p=1) considers relevant to such issues and any trends the Assistant [Secretary](/usc/38/101.md?p=1) may have identified with respect to such issues.
      - (iii) Identification of such concerns as the Assistant [Secretary](/usc/38/101.md?p=1) may have regarding the size, staffing, and resources of the Office and such recommendations as the Assistant [Secretary](/usc/38/101.md?p=1) may have for legislative or administrative action to address such concerns.
      - (iv) Such recommendations as the Assistant [Secretary](/usc/38/101.md?p=1) 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](#g-2) within the [Department](/usc/38/101.md?p=1).
      - (v) Such other matters as the Assistant [Secretary](/usc/38/101.md?p=1) considers appropriate regarding the functions of the Office or other matters relating to the Office.
  - (2) If the [Secretary](/usc/38/101.md?p=1) receives a recommendation for disciplinary action under [subsection (c)(1)(I)](#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](/usc/38/101.md?p=1) received the recommendation, the [Secretary](/usc/38/101.md?p=1) shall submit to the Committee on [Veterans](/usc/38/101.md?p=2)’ Affairs of the Senate and the Committee on [Veterans](/usc/38/101.md?p=2)’ 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](/usc/38/4303.md?p=3) of the [Department](/usc/38/101.md?p=1) who is a supervisor as defined in [section 7103(a) of title 5](/usc/5/7103.md?p=a).
  - (2) The term “whistleblower” means one who makes a [whistleblower disclosure](#g-3).
  - (3) The term “whistleblower disclosure” means any disclosure of information by an [employee](/usc/38/4303.md?p=3) of the [Department](/usc/38/101.md?p=1) or individual applying to become an [employee](/usc/38/4303.md?p=3) of the [Department](/usc/38/101.md?p=1) which the [employee](/usc/38/4303.md?p=3) 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.

## Source credit

(Added Pub. L. 115–41, title I, § 101(a), June 23, 2017, 131 Stat. 863.)