Improving Accountability and Whistleblower Protection at the Department of Veterans Affairs

Executive Order 13793 of April 27, 2017

Improving Accountability and Whistleblower
Protection at the Department of Veterans Affairs

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:

Section 1. Purpose. This order is intended to improve
accountability and whistleblower protection at the
Department of Veterans Affairs (VA) by directing the
Secretary of Veterans Affairs (Secretary) to establish
within the VA an Office of Accountability and
Whistleblower Protection and to appoint a Special
Assistant to serve as Executive Director of the Office.

Sec. 2. Establishing a VA Office of Accountability and
Whistleblower Protection. (a) Within 45 days of the
date of this order, and to the extent permitted by law,
the Secretary shall establish in the VA the Office of
Accountability and Whistleblower Protection (Office),
and shall appoint a Special Assistant, reporting
directly to the Secretary, to serve as Executive
Director of the Office. The VA shall provide funding
and administrative support for the Office, consistent
with applicable law and subject to the availability of
appropriations.

    (b) To the extent permitted by law, the Office
shall:

(i) advise and assist the Secretary in using, as appropriate, all available
authorities to discipline or terminate any VA manager or employee who has
violated the public's trust and failed to carry out his or her duties on
behalf of veterans, and to recruit, reward, and retain high-performing
employees;

(ii) identify statutory barriers to the Secretary's authority to discipline
or terminate any employee who has jeopardized the health, safety, or well-
being of a veteran, and to recruit, reward, and retain high-performing
employees; and report such barriers to the Secretary for consideration as
to the need for legislative changes;

(iii) work closely with relevant VA components to ensure swift and
effective resolution of veterans' complaints of wrongdoing at the VA; and

(iv) work closely with relevant VA components to ensure adequate
investigation and correction of wrongdoing throughout the VA, and to
protect employees who lawfully disclose wrongdoing from retaliation.

    (c) In establishing the Office, the Secretary shall
consider, in addition to any other relevant factors:

(i) whether some or all of the functions of the Office are currently
performed by an existing VA office, component, or program;

(ii) whether certain administrative capabilities necessary for operating
the Office are redundant with those of another VA office, component, or
program; and

(iii) whether combining the Office with another VA office, component, or
program may improve the VA's efficiency, effectiveness, or accountability.

Sec. 3. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.

    (b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
    (c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.

    (Presidential Sig.)

THE WHITE HOUSE,

    April 27, 2017.