,i  #aadth ,,congress  #ast ,session    
,h4 ,r4 #ega  ,,in ,,the ,,house ,,of   
,,representatives  ,january #bg1 #bjae  
,mr4 ,miller of ,florida 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 title #ch1 ,united ,states ,code1 
to improve the treatment of             
whistleblower complaints by the         
,secretary of ,veterans ,affairs1 and   
for other purposes4  #a4 ,short title   
,this ,act may be cited as the ,veterans
 ,affairs ,retaliation ,prevention ,act 
of #bjae4  #b4 ,treatment of            
whistleblower complaints in ,department 
of ,veterans ,affairs  7a7 ,in general  
,chapter #g of title #ch1 ,united       
,states ,code1 is amended by adding at  

the end the following new subchapter3   
,,ii ,whistleblower complaints  #gba4   
,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  #gbb4 ,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 with a          
supervisor of the employee4  7#b7 ,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 two 

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   
,office of ,accountability ,review of   
the ,department 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 ,office 
of ,accountability ,review4  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 a     
supervisor does not make a timely       
determination under subsection 7b77#a7  
regarding a whistleblower complaint1 or 
if the employee who made the complaint  
determines that the supervisor did not  

adequately address the complaint        
pursuant to subsection 7c71 the employee
 may file such whistleblower complaint  
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  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  #gbc4 ,adverse
 actions against 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 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 7d73  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 ,fees  7#a7 ,in addition to any     
adverse action carried out under        
subsection 7a71 to recoup costs borne by
 the ,federal ,government by reason of  
prohibited personnel actions described  
in subsection 7d71 the ,secretary shall 
charge a fee to each employee who is    

found to have committed such a          
prohibited personnel action 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 ,the ,secretary shall afford
 such an employee notice and an         
opportunity for a hearing before        
charging such fee4  7#b7 ,in carrying   
out paragraph 7#a71 the ,secretary shall
 prescribe a schedule of fees that takes
 into account the cost to the ,federal  
,government of the prohibited personnel 
action committed by an employee         
described in such paragraph1 including  
such costs paid by the ,federal         
,government pursuant to an order to pay 
attorney fees described in section      
#abjd7m7 of title #e or other similar   
order of an administrative judge or     

,federal judge4  7c7 ,limitation on     
other adverse actions ,with respect to a
 prohibited personnel action described  
in subsection 7d71 if the ,secretary    
carries out an adverse action against an
 employee or charges a fee to an        
employee under a provision of law other 
than this section1 the ,secretary may   
carry out an additional adverse action  
or charge an additional fee 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 7a7 and  
the total fees charged do not exceed the
 amount prescribed under subsection     
7b77#b74  7d7 ,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 #gbb 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    
#gbb 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 ,interfering with an   
employee 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  #gbd4   
,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 #gbb4  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 #gbc7;c7 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  #gbe4 ,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 #gbc7;d7 of
 this title2  7#c7 with respect to      
supervisors1 how to treat whistleblower 

complaints in accordance with section   
#gbb 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 ,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        
complaint and to petition ,congress     
regarding a whistleblower complaint as  
described in paragraphs 7#c7 and 7#d7 of
 subsection 7a74  #gbf4 ,reports to     
,congress  7a7 ,annual reports ,the     
,secretary shall annually submit to the 
,committees on ,veterans' ,affairs of   
the ,house of ,representatives and the  
,senate a report that includes--  7#a7  
with respect to whistleblower complaints

 filed under section #gbb 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 ,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
 after the item relating to section #gac
 the following new items3  ,subchapter  
,,ii--,whistleblower complaints #gba4   
,whistleblower complaint defined4 #gbb4 
,treatment of whistleblower complaints4 
#gbc4 ,adverse actions against employees
 who commit prohibited personnel actions
 relating to whistleblower complaints4  
#gbd4 ,evaluation criteria of           
supervisors and treatment of bonuses4   
#gbe4 ,training regarding whistleblower 
complaints4 #gbf4 ,reports to ,congress4
  4