,i  #aacth ,,congress  #b;d ,session    
,h4 ,r4 #ejed  ,,in ,,the ,,house ,,of  
,,representatives  ,july #aj1 #bjad     
,mrs4 ,kirkpatrick introduced the       
following bill2 which was referred to   
the ,committee on ,veterans' ,affairs   
,a ,,bill  ,to amend title #ch1 ,united 
,states ,code1 to establish within the  
,department of ,veterans ,affairs an    
,office of ,whistleblower and ,patient  
,protection4  #a4 ,short title ,this    
,act may be cited as the ,veterans'     
,whistleblower and ,patient ,protection 
,act of #bjad4  #b4 ,establishment of   
,office of ,whistleblower and ,patient  
,protection  7a7 ,in general ,chapter #c
 of title #ch1 ,united ,states ,code1 is
 amended by inserting after section #cai
 the following new section3  #cai;,a4   
,office of ,whistleblower and ,patient  
,protection  7a7 ,establishment  7#a7   
,there is in the ,department an ,office 
of ,whistleblower and ,patient          
,protection 7in this section referred to
 as the ,office74 ,there is at the head 

of the ,office a ,director appointed by 
the ,secretary solely on the basis of   
integrity and demonstrated ability in   
accounting1 auditing1 financial         
analysis1 law1 management analysis1     
public administration1 or               
investigations4  7#b7 ,the ,director    
shall be a career appointee in the      
,senior ,executive ,service4  7#c7 ,the 
,director reports directly to the       
,secretary concerning matters within the
 responsibility of the ,office4  7b7    
,complaints  7#a7 ,the ,director shall  
establish a dedicated ,internet website 
and toll-free telephone number for an   
individual1 regardless of whether the   
individual is an employee of the        
,department1 to file a covered complaint
 directly to the ,office4  7#b7  7,a7   
,in addition to covered complaints filed
 directly with the ,office pursuant to  
paragraph 7#a71 the ,secretary shall    
refer to the ,director any covered      
complaint that the ,secretary receives  
directly1 including pursuant to the     

,patient ,advocacy ,program of the      
,veterans ,health ,administration or    
other similar program1 or that is       
transmitted to the ,secretary pursuant  
to section #abac of title #e4 ,in       
accordance with subsection 7c71 the     
,director shall investigate each such   
complaint4  7,b7 ,the ,secretary may not
 refer a covered complaint that the     
,secretary receives as described in     
subparagraph 7,a7 to any element of the 
,department1 including the ,office of   
,medical ,inspection1 other than the    
,office4  7,c7 ,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 facility4  7#c7
 ,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 determines 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 law4  7c7     
,investigation and determination  7#a7  
,the ,director shall investigate each   
covered complaint that the ,office      
receives directly pursuant to paragraph 
7#a7 of subsection 7b7 or that the      
,secretary refers to the ,director as   
described in paragraph 7#b77;,a7 of such
 subsection to determine whether there  
is a substantial likelihood that the    
covered complaint discloses a violation 
of any law1 rule1 or regulation1 or     
gross mismanagement1 gross waste of     
funds1 abuse of authority1 or           
substantial and specific danger to      
public health and safety4 ,the ,director
 shall make such determination not later
 than #bdj days after the date on which 
the ,director receives the covered      
complaint4 ,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 #abac of title #e4  7#b7 ,if   
the ,director makes a positive          
determination under paragraph 7#a7      
regarding a covered complaint1 the      
,director shall--  7,a7 notify the      
,secretary of such determination1       
including the basis for such            
determination and recommendations for   
actions to address such covered         
complaint2 and  7,b7 as appropriate1    
refer the covered complaint to the head 
of the appropriate department or agency 
of the ,federal ,government1 including  
the ,attorney ,general1 ,special        
,counsel1 or the ,inspector ,general of 
the ,department of ,veterans ,affairs4  
7#c7  7,a7 ,if the ,director does not   
make a positive determination under     
paragraph 7#a7 regarding a covered      
complaint1 the ,director--  7i7 upon the
 consent of the individual who filed the
 complaint1 may transmit the complaint  
to the ,secretary2 and  7ii7 if the     
,director does not transmit the         

complaint under clause 7i71 shall inform
 the individual of--  7,i7 the reasons  
for such determination2 and  7,,ii7     
other offices of the ,federal           
,government available for receiving such
 complaints if the individual wishes to 
pursue the matter further4  7,b7 ,within
 a reasonable time after a covered      
complaint is transmitted under          
subparagraph 7,a77i71 the ,secretary    
shall inform the ,director in writing of
 what action has been or is being taken 
and when such action will be completed4 
,the ,director shall inform the         
individual who filed the complaint of   
the report of the ,secretary4  7d7      
,staff and resources  7#a7 ,the ,office 
shall employ a sufficient number of     
attorneys1 investigators1 and other     
personnel as are necessary to carry out 
the functions of the ,office1 including 
personnel with expertise in health care 
matters4 ,attorneys shall be compensated
 at a level commensurate with attorneys 
employed by the ,office of the ,general 

,counsel4  7#b7 ,the ,secretary shall   
ensure that the ,director is furnished  
sufficient resources in addition to     
personnel under paragraph 7#a7 to enable
 the ,director to carry out the         
functions of the ,office in a timely    
manner4  7e7 ,coordination ,in carrying 
out the duties of the ,office1 the      
,director shall coordinate with the     
,inspector ,general of the ,department  
and the ,special ,counsel to ensure that
 the actions of the ,director are not   
duplicative with the ,inspector ,general
 or the ,special ,counsel4  7f7 ,reports
  7#a7 ,during each #ij-;day period1 the
 ,director shall submit to the          
,secretary a report that includes the   
following3  7,a7 ,the findings and      
recommendations made by the ,director to
 the ,secretary during the previous     
#ij-;day period4  7,b7 ,with respect to 
such recommendations1 whether the       
,secretary has made any actions based on
 such findings during such period4  7,c7
 ,during such period--  7i7 the number  

of covered complaints received by the   
,director2  7ii7 the number of          
investigations commenced2  7iii7 the    
number of positive determinations made  
under paragraph 7#b7 of subsection 7c72 
7iv7 the number of covered complaints   
for which a positive determination was  
not made pursuant to paragraph 7#c77;,a7
 of such subsection2 and  7v7 the number
 of covered complaints transmitted to   
the ,secretary under such paragraph4    
7#b7 ,during each #ahj-;day period1 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 7#a7      
submitted during the previous #ahj-;day 
period and any legislative              
recommendations of the ,secretary to    
address problems or concerns regarding  
the ,office4  7g7 ,covered complaint    
defined ,in this section1 the term      
covered complaint means a complaint     
regarding--  7#a7 an alleged prohibited 

personnel practice committed by an      
officer or employee of the ,department  
and described in section #bcjb7;b77#h7  
or #bcjb7;b77#i77;,a77i71 7,b71 7,c71 or
 7,d7 of title #e2 or  7#b7 the safety  
of a patient at a medical facility of   
the ,department4  4  7b7 ,clerical      
amendment ,the table of sections at the 
beginning of such chapter is amended by 
inserting after the item relating to    
section #cai the following new item3    
#cai;,a4 ,office of ,whistleblower and  
,patient ,protection4  4