,i #aadth ,,congress #ast ,session ,h4 ,r4 #ciji ,,in ,,the ,,house ,,of ,,representatives ,november #c1 #bjae ,mr4 ,guinta introduced the following bill2 which was referred to the ,committee on ,veterans' ,affairs1 and in addition to the ,committee on ,oversight and ,government ,reform1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,veterans ,access1 ,choice1 and ,accountability ,act of #bjad to expand the ,veterans ,choice ,program1 to amend title #ch1 ,united ,states ,code1 to provide for the removal or demotion of employees of the ,department of ,veterans ,affairs based on performance or misconduct1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,veterans ,health and ,accountability ,act4 #b4 ,expansion of ,veterans ,choice ,program 7a7 ,removal of geographic and wait-,time requirements ,subsection 7b7 of section #aja of the ,veterans ,access1 ,choice1 and ,accountability ,act of #bjad 7#ch ,u4,s4,c4 #agja note7 is amended to read as follows3 7b7 ,eligible veterans ,a veteran is an eligible veteran for purposes of this section if the veteran is enrolled in the patient enrollment system of the ,department of ,veterans ,affairs established and operated under section #agje of title #ch1 ,united ,states ,code1 including any such veteran who has not received hospital care or medical services from the ,department and has contacted the ,department seeking an initial appointment from the ,department for the receipt of such care or services4 4 7b7 ,choice of provider ,such section is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking paragraph 7#b72 and 7,b7 by redesignating paragraph 7#c7 as paragraph 7#b72 and 7#b7 by striking subsection 7c7 and inserting the following new subsection 7c73 7c7 ,choice of provider ,an eligible veteran who receives hospital care or medical services under this section may select a provider of such care or services from among the entities specified in paragraph 7#a77;,b7 that are accessible to the veteran4 4 7c7 ,conforming amendments ,such section is further amended-- 7#a7 in subsection 7f77#a71 by striking subsection 7b77#a7 and inserting subsection 7b72 7#b7 in subsection 7g7-- 7,a7 in paragraph 7#a71 by striking subsection 7b77#a77;,b7 and inserting subsection 7b72 and 7,b7 in paragraph 7#c71 by striking under subparagraph 7,b71 7,c71 or 7,d7 of subsection 7b77#b72 and 7#c7 in subsection 7q77#b77;,a7-- 7,a7 by striking 1 disaggregated by-- and inserting a period2 and 7,b7 by striking clauses 7i7 through 7iv74 7d7 ,increased transparency ,the ,secretary of ,veterans ,affairs shall annually testify before each of the ,committee on ,veterans' ,affairs of the ,house of ,representatives and the ,committee on ,veterans' ,affairs of the ,senate on the health care furnished to veterans by the ,department of ,veterans ,affairs4 ,such testimony shall include a full progress report on the ,veterans ,choice ,program established by section #aja of the ,veterans ,access1 ,choice1 and ,accountability ,act of #bjad 7#ch ,u4,s4,c4 #agja note71 including the number of veterans participating in such program4 #c4 ,removal or demotion of employees based on performance or misconduct 7a7 ,in general ,chapter #g of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #gae4 ,employees3 removal or demotion based on performance or misconduct 7a7 ,in general ,the ,secretary may remove or demote an individual who is an employee of the ,department if the ,secretary determines the performance or misconduct of the individual warrants such removal or demotion4 ,if the ,secretary so removes or demotes such an individual1 the ,secretary may-- 7#a7 remove the individual from the civil service 7as defined in section #baja of title #e72 or 7#b7 demote the individual by means of-- 7,a7 a reduction in grade for which the individual is qualified and that the ,secretary determines is appropriate2 or 7,b7 a reduction in annual rate of pay that the ,secretary determines is appropriate4 7b7 ,pay of certain demoted individuals 7#a7 ,notwithstanding any other provision of law1 any individual subject to a demotion under subsection 7a77#b77;,a7 shall1 beginning on the date of such demotion1 receive the annual rate of pay applicable to such grade4 7#b7 ,an individual so demoted may not be placed on administrative leave or any other category of paid leave during the period during which an appeal 7if any7 under this section is ongoing1 and may only receive pay if the individual reports for duty4 ,if an individual so demoted does not report for duty1 such individual shall not receive pay or other benefits pursuant to subsection 7e77#e74 7c7 ,notice to ,congress ,not later than #cj days after removing or demoting an individual under subsection 7a71 the ,secretary shall submit to the ,committees on ,veterans' ,affairs of the ,senate and the ,house of ,representatives notice in writing of such removal or demotion and the reason for such removal or demotion4 7d7 ,procedure 7#a7 ,the procedures under section #geac7;b7 of title #e and chapter #dc of such title shall not apply to a removal or demotion under this section4 7#b7 7,a7 ,subject to subparagraph 7,b7 and subsection 7e71 any removal or demotion under subsection 7a7 may be appealed to the ,merit ,systems ,protection ,board under section #ggja of title #e4 7,b7 ,an appeal under subparagraph 7,a7 of a removal or demotion may only be made if such appeal is made not later than seven days after the date of such removal or demotion4 7e7 ,expedited ,review by ,administrative ,judge 7#a7 ,upon receipt of an appeal under subsection 7d77#b77;,a71 the ,merit ,systems ,protection ,board shall refer such appeal to an administrative judge pursuant to section #ggja7;b77#a7 of title #e4 ,the administrative judge shall expedite any such appeal under such section and1 in any such case1 shall issue a decision not later than #de days after the date of the appeal4 7#b7 ,notwithstanding any other provision of law1 including section #ggjc of title #e1 the decision of an administrative judge under paragraph 7#a7 shall be final and shall not be subject to any further appeal4 7#c7 ,in any case in which the administrative judge cannot issue a decision in accordance with the #de-;day requirement under paragraph 7#a71 the removal or demotion is final4 ,in such a case1 the ,merit ,systems ,protection ,board shall1 within #ad days after the date that such removal or demotion is final1 submit to ,congress and the ,committees on ,veterans' ,affairs of the ,senate and the ,house of ,representatives a report that explains the reasons why a decision was not issued in accordance with such requirement4 7#d7 ,the ,merit ,systems ,protection ,board or administrative judge may not stay any removal or demotion under this section4 7#e7 ,during the period beginning on the date on which an individual appeals a removal from the civil service under subsection 7d7 and ending on the date that the administrative judge issues a final decision on such appeal1 such individual may not receive any pay1 awards1 bonuses1 incentives1 allowances1 differentials1 student loan repayments1 special payments1 or benefits4 7#f7 ,to the maximum extent practicable1 the ,secretary shall provide to the ,merit ,systems ,protection ,board1 and to any administrative judge to whom an appeal under this section is referred1 such information and assistance as may be necessary to ensure an appeal under this subsection is expedited4 7f7 ,whistleblower protection 7#a7 ,in the case of an individual seeking corrective action 7or on behalf of whom corrective action is sought7 from the ,office of ,special ,counsel based on an alleged prohibited personnel practice described in section #bcjb7;b7 of title #e1 the ,secretary may not remove or demote such individual under subsection 7a7 without the approval of the ,special ,counsel under section #abad7;f7 of title #e4 7#b7 ,in the case of an individual who has filed a whistleblower complaint1 as such term is defined in section #gca of this title1 the ,secretary may not remove or demote such individual under subsection 7a7 until the central whistleblower office under section #gcb7;h7 of this title has made a final decision with respect to the whistleblower complaint4 7g7 ,termination of investigations by ,office of ,special ,counsel ,notwithstanding any other provision of law1 the ,special ,counsel 7established by section #abaa of title #e7 may terminate an investigation of a prohibited personnel practice alleged by an employee or former employee of the ,department after the ,special ,counsel provides to the employee or former employee a written statement of the reasons for the termination of the investigation4 ,such statement may not be admissible as evidence in any judicial or administrative proceeding without the consent of such employee or former employee4 7h7 ,relation to ,title #e ,the authority provided by this section is in addition to the authority provided by subchapter ,,ii of chapter #ge of title #e and chapter #dc of such title4 7i7 ,definitions ,in this section3 7#a7 ,the term individual means an individual occupying a position at the ,department but does not include-- 7,a7 an individual1 as that term is defined in section #gac7;g77#a72 or 7,b7 a political appointee4 7#b7 ,the term grade has the meaning given such term in section #geaa7;a7 of title #e4 7#c7 ,the term misconduct includes neglect of duty1 malfeasance1 or failure to accept a directed reassignment or to accompany a position in a transfer of function4 7#d7 ,the term political appointee means an individual who is-- 7,a7 employed in a position described under sections #ecab through #ecaf of title #e 7relating to the ,executive ,schedule72 7,b7 a limited term appointee1 limited emergency appointee1 or noncareer appointee in the ,senior ,executive ,service1 as defined under paragraphs 7#e71 7#f71 and 7#g71 respectively1 of section #cacb7;a7 of title #e2 or 7,c7 employed in a position of a confidential or policy-determining character under schedule ,c of subpart ,c of part #bac of title #e of the ,code of ,federal ,regulations4 4 7b7 ,clerical and conforming amendments 7#a7 ,clerical ,the table of sections at the beginning of such chapter is amended by adding at the end the following new item3 #gae4 ,employees3 removal or demotion based on performance or misconduct4 4 7#b7 ,conforming ,section #dcjc7;f7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 by striking or at the end of paragraph 7#b72 7,b7 by striking the period at the end of paragraph 7#c7 and inserting 1 or2 and 7,c7 by adding at the end the following3 7#d7 any removal or demotion under section #gae of title #ch4 4 #d4 ,required probationary period for new employees of ,department of ,veterans ,affairs 7a7 ,probationary period 7#a7 ,in general ,chapter #g of title #ch1 ,united ,states ,code1 as amended by section #b1 is further amended by adding at the end the following new section3 #gag4 ,probationary period for employees 7a7 ,in general ,notwithstanding sections #ccba and #ccic7;d7 of title #e1 the appointment of a covered employee shall become final only after such employee has served a probationary period of #ah months4 ,the ,secretary may extend a probationary period under this subsection at the discretion of the ,secretary4 7b7 ,covered employee ,in this section1 the term covered employee-- 7#a7 means any individual-- 7,a7 appointed to a permanent position within the competitive service at the ,department2 or 7,b7 appointed as a career appointee 7as that term is defined in section #cacb7;a77#d7 of title #e7 within the ,senior ,executive ,service at the ,department2 and 7#b7 does not include any individual with a probationary period prescribed by section #gdjc of this title4 7c7 ,permanent hires ,upon the expiration of a covered employee's probationary period under subsection 7a71 the supervisor of the employee shall determine whether the appointment becomes final based on regulations prescribed for such purpose by the ,secretary4 4 7#b7 ,clerical and conforming amendments 7,a7 ,clerical ,the table of sections at the beginning of such chapter1 as amended by section #b1 is further amended by adding at the end the following new item3 #gag4 ,probationary period for employees4 4 7,b7 ,conforming ,title #e1 ,united ,states ,code1 is amended-- 7i7 in section #ccba7;c7-- 7,i7 by striking ,service or and inserting ,service12 and 7,,ii7 by inserting at the end before the period the following3 1 or any individual covered by section #gag of title #ch2 and 7ii7 in section #ccic7;d71 by adding at the end after the period the following3 ,the preceding sentence shall not apply to any individual covered by section #gag of title #ch44 7b7 ,application ,section #gag of title #ch1 ,united ,states ,code1 as added by subsection 7a77#a71 shall apply to any covered employee 7as that term is defined in subsection 7b7 of such section #gag1 as so added7 appointed after the date of the enactment of this ,act4 #e4 ,treatment of whistleblower complaints in ,department of ,veterans ,affairs 7a7 ,in general ,chapter #g of title #ch1 ,united ,states ,code1 is further amended by adding at the end the following new subchapter3 ,,ii ,whistleblower complaints #gca4 ,whistleblower complaint defined ,in this subchapter1 the term whistleblower complaint means a complaint by an employee of the ,department disclosing1 or assisting another employee to disclose1 a potential 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 #gcb4 ,treatment of whistleblower complaints 7a7 ,filing 7#a7 ,in addition to any other method established by law in which an employee may file a whistleblower complaint1 an employee of the ,department may file a whistleblower complaint in accordance with subsection 7g7 with a supervisor of the employee4 7#b7 ,except as provided by subsection 7d77#a71 in making a whistleblower complaint under paragraph 7#a71 an employee shall file the initial complaint with the immediate supervisor of the employee4 7b7 ,notification 7#a7 ,not later than four business days after the date on which a supervisor receives a whistleblower complaint by an employee under this section1 the supervisor shall notify1 in writing1 the employee of whether the supervisor determines that there is a reasonable likelihood that the 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 supervisor shall retain written documentation regarding the whistleblower complaint and shall submit to the next-level supervisor and the central whistleblower office described in subsection 7h7 a written report on the complaint4 7#b7 ,on a monthly basis1 the supervisor shall submit to the appropriate director or other official who is superior to the supervisor a written report that includes the number of whistleblower complaints received by the supervisor under this section during the month covered by the report1 the disposition of such complaints1 and any actions taken because of such complaints pursuant to subsection 7c74 ,in the case in which such a director or official carries out this paragraph1 the director or official shall submit such monthly report to the supervisor of the director or official and to the central whistleblower office described in subsection 7h74 7c7 ,positive determination ,if a supervisor makes a positive determination under subsection 7b77#a7 regarding a whistleblower complaint of an employee1 the supervisor shall include in the notification to the employee under such subsection the specific actions that the supervisor will take to address the complaint4 7d7 ,filing complaint with next-,level supervisors 7#a7 ,if any circumstance described in paragraph 7#c7 is met1 an employee may file a whistleblower complaint in accordance with subsection 7g7 with the next-level supervisor who shall treat such complaint in accordance with this section4 7#b7 ,an employee may file a whistleblower complaint with the ,secretary if the employee has filed the whistleblower complaint to each level of supervisors between the employee and the ,secretary in accordance with paragraph 7#a74 7#c7 ,a circumstance described in this paragraph are any of the following circumstances3 7,a7 ,a supervisor does not make a timely determination under subsection 7b77#a7 regarding a whistleblower complaint4 7,b7 ,the employee who made a whistleblower complaint determines that the supervisor did not adequately address the complaint pursuant to subsection 7c74 7,c7 ,the immediate supervisor of the employee is the basis of the whistleblower complaint4 7e7 ,transfer of employee who files whistleblower complaint ,if a supervisor makes a positive determination under subsection 7b77#a7 regarding a whistleblower complaint filed by an employee1 the ,secretary shall-- 7#a7 inform the employee of the ability to volunteer for a transfer in accordance with section #cceb of title #e2 and 7#b7 give preference to the employee for such a transfer in accordance with such section4 7f7 ,prohibition on exemption ,the ,secretary may not exempt any employee of the ,department from being covered by this section4 7g7 ,whistleblower complaint form 7#a7 ,a whistleblower complaint filed by an employee under subsection 7a7 or 7d7 shall consist of the form described in paragraph 7#b7 and any supporting materials or documentation the employee determines necessary4 7#b7 ,the form described in this paragraph is a form developed by the ,secretary1 in consultation with the ,special ,counsel1 that includes the following3 7,a7 ,an explanation of the purpose of the whistleblower complaint form4 7,b7 ,instructions for filing a whistleblower complaint as described in this section4 7,c7 ,an explanation that filing a whistleblower complaint under this section does not preclude the employee from any other method established by law in which an employee may file a whistleblower complaint4 7,d7 ,a statement directing the employee to information accessible on the ,internet website of the ,department as described in section #gce7;c74 7,e7 ,fields for the employee to provide-- 7i7 the date that the form is submitted2 7ii7 the name of the employee2 7iii7 the contact information of the employee2 7iv7 a summary of the whistleblower complaint 7including the option to append supporting documents pursuant to paragraph 7#a772 and 7v7 proposed solutions to complaint4 7,f7 ,any other information or fields that the ,secretary determines appropriate4 7#c7 ,the ,secretary1 in consultation with the ,special ,counsel1 shall develop the form described in paragraph 7#b7 by not later than #fj days after the date of the enactment of this section4 7h7 ,central whistleblower office 7#a7 ,the ,secretary shall ensure that the central whistleblower office-- 7,a7 is not an element of the ,office of the ,general ,counsel2 7,b7 is not headed by an official who reports to the ,general ,counsel2 7,c7 does not provide1 or receive from1 the ,general ,counsel any information regarding a whistleblower complaint except pursuant to an action regarding the complaint before an administrative body or court2 and 7,d7 does not provide advice to the ,general ,counsel4 7#b7 ,the central whistleblower office shall be responsible for investigating all whistleblower complaints of the ,department1 regardless of whether such complaints are made by or against an employee who is not a member of the ,senior ,executive ,service4 7#c7 ,the ,secretary shall ensure that the central whistleblower office maintains a toll-free hotline to anonymously receive whistleblower complaints4 7#d7 ,in this subsection1 the term central whistleblower office means the ,office of ,accountability ,review or a successor office that is established or designated by the ,secretary to investigate whistleblower complaints filed under this section or any other method established by law4 #gcc4 ,adverse actions against supervisory employees who commit prohibited personnel actions relating to whistleblower complaints 7a7 ,in general 7#a7 ,in accordance with paragraph 7#b71 the ,secretary shall carry out the following adverse actions against supervisory employees whom the ,secretary1 an administrative judge1 the ,merit ,systems ,protection ,board1 the ,office of ,special ,counsel1 an adjudicating body provided under a union contract1 a ,federal judge1 or the ,inspector ,general of the ,department determines committed a prohibited personnel action described in subsection 7c73 7,a7 ,with respect to the first offense1 an adverse action that is not less than a #ad-;day suspension and not more than removal4 7,b7 ,with respect to the second offense1 removal4 7#b7 7,a7 ,except as provided by subparagraph 7,b71 and notwithstanding subsections 7b7 and 7c7 of section #geac and section #gedc of title #e1 the provisions of subsections 7d7 and 7e7 of section #gac of this title shall apply with respect to an adverse action carried out under paragraph 7#a74 7,b7 ,an employee who is notified of being the subject of a proposed adverse action under paragraph 7#a7 may not be given more than five days following such notification to provide evidence to dispute such proposed adverse action4 ,if the employee does not provide any such evidence1 or if the ,secretary determines that such evidence is not sufficient to reverse the determination to propose the adverse action1 the ,secretary shall carry out the adverse action following such five-day period4 7b7 ,limitation on other adverse actions ,with respect to a prohibited personnel action described in subsection 7c71 if the ,secretary carries out an adverse action against a supervisory employee1 the ,secretary may carry out an additional adverse action under this section based on the same prohibited personnel action if the total severity of the adverse actions do not exceed the level specified in subsection 7a74 7c7 ,prohibited personnel action described ,a prohibited personnel action described in this subsection is any of the following actions3 7#a7 ,taking or failing to take a personnel action in violation of section #bcjb of title #e against an employee relating to the employee-- 7,a7 filing a whistleblower complaint in accordance with section #gcb of this title2 7,b7 filing a whistleblower complaint with the ,inspector ,general of the ,department1 the ,special ,counsel1 or ,congress2 7,c7 providing information or participating as a witness in an investigation of a whistleblower complaint in accordance with section #gcb or with the ,inspector ,general of the ,department1 the ,special ,counsel1 or ,congress2 7,d7 participating in an audit or investigation by the ,comptroller ,general of the ,united ,states2 7,e7 refusing to perform an action that is unlawful or prohibited by the ,department2 or 7,f7 engaging in communications that are related to the duties of the position or are otherwise protected4 7#b7 ,preventing or restricting an employee from making an action described in any of subparagraphs 7,a7 through 7,f7 of paragraph 7#a74 7#c7 ,conducting a peer review or opening a retaliatory investigation relating to an activity of an employee that is protected by section #bcjb of title #e4 7#d7 ,requesting a contractor to carry out an action that is prohibited by section #dgje7;b7 or section #dgab7;a77#a7 of title #da1 as the case may be4 #gcd4 ,evaluation criteria of supervisors and treatment of bonuses 7a7 ,evaluation criteria 7#a7 ,in evaluating the performance of supervisors of the ,department1 the ,secretary shall include the criteria described in paragraph 7#b74 7#b7 ,the criteria described in this subsection are the following3 7,a7 ,whether the supervisor treats whistleblower complaints in accordance with section #gcb4 7,b7 ,whether the appropriate deciding official1 performance review board1 or performance review committee determines that the supervisor was found to have committed a prohibited personnel action described in section #gcc7;b7 by an administrative judge1 the ,merit ,systems ,protection ,board1 the ,office of ,special ,counsel1 an adjudicating body provided under a union contract1 a ,federal judge1 or1 in the case of a settlement of a whistleblower complaint 7regardless of whether any fault was assigned under such settlement71 the ,secretary4 7b7 ,bonuses 7#a7 ,the ,secretary may not pay to a supervisor described in subsection 7a77#b77;,b7 an award or bonus under this title or title #e1 including under chapter #de or #ec of such title1 during the one-year period beginning on the date on which the determination was made under such subsection4 7#b7 ,notwithstanding any other provision of law1 the ,secretary shall issue an order directing a supervisor described in subsection 7a77#b77;,b7 to repay the amount of any award or bonus paid under this title or title #e1 including under chapter #de or #ec of such title1 if-- 7,a7 such award or bonus was paid for performance during a period in which the supervisor committed a prohibited personnel action as determined pursuant to such subsection 7a77#b77;,b72 7,b7 the ,secretary determines such repayment appropriate pursuant to regulations prescribed by the ,secretary to carry out this section2 and 7,c7 the supervisor is afforded notice and an opportunity for a hearing before making such repayment4 #gce4 ,training regarding whistleblower complaints 7a7 ,training ,the ,secretary1 in coordination with the ,whistleblower ,protection ,ombudsman designated under section #c7;d77#a77;,c7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 shall annually provide to each employee of the ,department training regarding whistleblower complaints1 including-- 7#a7 an explanation of each method established by law in which an employee may file a whistleblower complaint2 7#b7 an explanation of prohibited personnel actions described by section #gcc7;c7 of this title2 7#c7 with respect to supervisors1 how to treat whistleblower complaints in accordance with section #gcb of this title2 7#d7 the right of the employee to petition ,congress regarding a whistleblower complaint in accordance with section #gbaa of title #e2 7#e7 an explanation that the employee may not be prosecuted or reprised against for disclosing information to ,congress in instances where such disclosure is permitted by law1 including under sections #egja1 #egje1 and #ggcb of this title1 under section #eeb;a of title #e 7commonly referred to as the ,privacy ,act71 under chapter #ic of title #ah1 and pursuant to regulations promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7,public ,law #ajd-aia72 7#f7 an explanation of the language that is required to be included in all nondisclosure policies1 forms1 and agreements pursuant to section #aae7;a77#a7 of the ,whistleblower ,protection ,enhancement ,act of #bjab 7#e ,u4,s4,c4 #bcjb note72 and 7#g7 the right of contractors to be protected from reprisal for the disclosure of certain information under section #dgje or #dgab of title #da4 7b7 ,certification ,the ,secretary shall annually provide training on merit system protection in a manner that the ,special ,counsel certifies as being satisfactory4 7c7 ,publication 7#a7 ,the ,secretary shall publish on the ,internet website of the ,department1 and display prominently at each facility of the ,department1 the rights of an employee to file a whistleblower complaint1 including the information described in paragraphs 7#a7 through 7#g7 of subsection 7a74 7#b7 ,the ,secretary shall publish on the ,internet website of the ,department1 the whistleblower complaint form described in section #gcb7;g77#b74 #gcf4 ,reports to ,congress 7a7 ,annual reports ,the ,secretary shall annually submit to the ,committees on ,veterans' ,affairs of the ,house of ,representatives and the ,senate1 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report that includes-- 7#a7 with respect to whistleblower complaints filed under section #gcb during the year covered by the report-- 7,a7 the number of such complaints filed2 7,b7 the disposition of such complaints2 and 7,c7 the ways in which the ,secretary addressed such complaints in which a positive determination was made by a supervisor under subsection 7b77#a7 of such section2 7#b7 the number of whistleblower complaints filed during the year covered by the report that are not included under paragraph 7#a71 including-- 7,a7 the method in which such complaints were filed2 7,b7 the disposition of such complaints2 and 7,c7 the ways in which the ,secretary addressed such complaints2 and 7#c7 with respect to disclosures made by a contractor under section #dgje or #dgab of title #da-- 7,a7 the number of complaints relating to such disclosures that were investigated by the ,inspector ,general of the ,department of ,veterans ,affairs during the year covered by the report2 7,b7 the disposition of such complaints2 and 7,c7 the ways in which the ,secretary addressed such complaints4 7b7 ,notice of ,office of ,special ,counsel determinations ,not later than #cj days after the date on which the ,secretary receives from the ,special ,counsel information relating to a whistleblower complaint pursuant to section #abac of title #e1 the ,secretary shall notify the ,committees on ,veterans' ,affairs of the ,house of ,representatives and the ,senate1 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate of such information1 including the determination made by the ,special ,counsel4 4 7b7 ,conforming and clerical amendments 7#a7 ,conforming amendment ,such chapter is further amended by inserting before section #gja the following3 ,i ,general employee matters 4 7#b7 ,clerical amendments ,the table of sections at the beginning of such chapter is amended-- 7,a7 by inserting before the item relating to section #gja the following new item3 ,subchapter ,i--,general employee matters 2 and 7,b7 by adding at the end the following new items3 ,subchapter ,,ii--,whistleblower complaints #gca4 ,whistleblower complaint defined4 #gcb4 ,treatment of whistleblower complaints4 #gcc4 ,adverse actions against supervisory employees who commit prohibited personnel actions relating to whistleblower complaints4 #gcd4 ,evaluation criteria of supervisors and treatment of bonuses4 #gce4 ,training regarding whistleblower complaints4 #gcf4 ,reports to ,congress4 4 #f4 ,reform of performance appraisal system for ,senior ,executive ,service employees of the ,department of ,veterans ,affairs 7a7 ,performance appraisal system 7#a7 ,in general ,chapter #g of title #ch1 ,united ,states ,code1 is further amended by inserting after section #gag1 as added by section #c1 the following new section3 #gai4 ,senior executives3 performance appraisal 7a7 ,performance appraisal system 7#a7 ,the performance appraisal system for individuals employed in senior executive positions in the ,department required by section #dcab of title #e shall provide1 in addition to the requirements of such section1 for five annual summary ratings of levels of performance as follows3 7,a7 ,one outstanding level4 7,b7 ,one exceeds fully successful level4 7,c7 ,one fully successful level4 7,d7 ,one minimally satisfactory level4 7,e7 ,one unsatisfactory level4 7#b7 ,the following limitations apply to the rating of the performance of such individuals3 7,a7 ,for any year1 not more than #aj percent of such individuals who receive a performance rating during that year may receive the outstanding level under paragraph 7#a77;,a74 7,b7 ,for any year1 not more than #bj percent of such individuals who receive a performance rating during that year may receive the exceeds fully successful level under paragraph 7#a77;,b74 7#c7 ,in evaluating the performance of an individual under the performance appraisal system1 the ,secretary shall take into consideration-- 7,a7 any complaint or report 7including any pending or published report7 submitted by the ,inspector ,general of the ,department1 the ,comptroller ,general of the ,united ,states1 the ,equal ,employment ,opportunity ,commission1 or any other appropriate person or entity1 related to any facility or program managed by the individual1 as determined by the ,secretary2 7,b7 efforts made by the individual to maintain high levels of satisfaction and commitment among the employees supervised by the individual2 and 7,c7 the criteria described in section #gcd7;a77#b7 of this title4 7b7 ,change of position 7#a7 ,at least once every five years1 the ,secretary shall reassign each individual employed in a senior executive position to a position at a different location that does not include the supervision of the same personnel or programs4 ,the ,secretary shall make such reassignments on a rolling basis based on the date on which an individual was originally assigned to a position4 7#b7 ,the ,secretary may waive the requirement under paragraph 7#a7 for any such individual1 if the ,secretary submits to the ,committees on ,veterans' ,affairs of the ,senate and the ,house of ,representatives notice of the waiver and an explanation of the reasons for the waiver4 7c7 ,report ,not later than ,march #a of each year1 the ,secretary shall submit to the ,committees on ,veterans' ,affairs and ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committees on ,veterans' ,affairs and ,oversight and ,government ,reform of the ,house of ,representatives a report on the performance appraisal system of the ,department under subsection 7a74 ,each such report shall include1 for the year preceding the year during which the report is submitted1 each of the following3 7#a7 ,all documentation concerning each of the following for each individual employed in a senior executive position in the ,department3 7,a7 ,the initial performance appraisal4 7,b7 ,the higher level review1 if requested4 7,c7 ,the recommendations of the performance review board4 7,d7 ,the final summary review4 7,e7 ,the number of initial performance ratings raised as a result of the recommendations of the performance review board4 7,f7 ,the number of initial performance ratings lowered as a result of the recommendations of the performance review board4 7,g7 ,any adverse action taken against any such individual who receives a performance rating of less than fully successful4 7#b7 ,the review of the ,inspector ,general of the ,department of the information described in subparagraphs 7,a7 through 7,d7 of paragraph 7#a74 7#c7 ,a summary of the documentation provided under paragraph 7#a74 7d7 ,definition of senior executive position ,in this section1 the term senior executive position has the meaning given that term in section #gac7;g77#c7 of this title4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of such chapter1 as amended by section #c1 is further amended by inserting after the item relating to section #gag the following new item3 #gai4 ,senior executives3 performance appraisal4 4 7#c7 ,conforming amendment ,section #dcab7;b7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#b71 by striking and at the end2 7,b7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#d7 that1 in the case of the ,department of ,veterans ,affairs1 the performance appraisal system meets the requirements of section #gai of title #ch4 4 7b7 ,review of ,,ses management training 7#a7 ,review ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall enter into a contract with a nongovernmental entity to review the management training program for individuals employed in senior executive positions 7as such term is defined in section #gac7;g77#c7 of title #ch1 ,united ,states ,code7 of the ,department of ,veterans ,affairs that is being provided as of the date of the enactment of this ,act4 ,such review shall include a comparison of the training provided by the ,department of ,veterans ,affairs to the management training provided for senior executives of other ,federal departments and agencies and to the management training provided to senior executives in the private sector4 ,the contract shall provide that the nongovernmental entity must complete and submit to the ,secretary a report containing the findings and conclusions of the review by not later than #ahj days after the date on which the ,secretary and the nongovernmental entity enter into the contract4 7#b7 ,report to ,congress ,not later than #fj days after the date on which the ,secretary receives the report under paragraph 7#a71 the ,secretary shall submit to the ,committees on ,veterans' ,affairs of the ,senate and the ,house of ,representatives the report together with a plan for carrying out the recommendations contained in the report4 #g4 ,limitation on awards and bonuses paid to employees of ,department of ,veterans ,affairs ,section #gje of the ,veterans ,access1 ,choice1 and ,accountability ,act of #bjad 7,public ,law #aac-adf2 #ch ,u4,s4,c4 #gjc note7 is amended to read as follows3 #gje4 ,limitation on awards and bonuses paid to employees of department of veterans affairs ,the ,secretary of ,veterans ,affairs shall ensure that the aggregate amount of awards and bonuses paid by the ,secretary in a fiscal year under chapter #de or #ec of title #e1 ,united ,states ,code1 or any other awards or bonuses authorized under such title or title #ch1 ,united ,states ,code1 does not exceed the following amounts3 7#a7 ,with respect to each of fiscal years #bjaf through #bjah1 #cjj1jjj1jjj4 7#b7 ,with respect to each of fiscal years #bjai through #bjbd1 #cfj1jjj1jjj4 4