,,ii  #aadth ,,congress  #ast ,session  
,s4 #bbia  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,november #ag1 
#bjae ,mr4 ,kirk 7for himself1 ,mr4     
,blumenthal1 ,mr4 ,grassley1 ,mrs4      
,gillibrand1 ,mr4 ,johnson1 ,ms4        
,baldwin1 and ,mr4 ,rubio7 introduced   
the following bill2 which was read twice
 and referred to the ,committee on      
,veterans' ,affairs  ,a ,,bill  ,to     
amend title #ch1 ,united ,states ,code1 
to establish procedures within the      
,department of ,veterans ,affairs for   
the processing of whistleblower         
complaints1 and for other purposes4  #a4
 ,short title ,this ,act may be cited as
 the ,,va ,patient ,protection ,act of  
#bjae4  #b4 ,treatment of whistleblower 
complaints in ,department of ,veterans  
,affairs  7a7 ,procedure and            
administration  7#a7 ,in general        
,chapter #g of title #ch1 ,united       
,states ,code1 is 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 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     
7,b7 ,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 7,a7 ,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  7,b7 ,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 is 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;d74  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 the 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 ,the   
,secretary shall ensure that the central
 whistleblower office has such staff and
 resources as the ,secretary considers  
necessary to carry out the functions of 
the central whistleblower office4  7#e7 
,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 7as       
defined in section #gajc7;a7 of title   

#e7 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  
#ab-;day suspension and not more than   
removal4  7,b7 ,with respect to the     
second offense1 removal4  7#b7 7,a7 ,an 
employee against whom an adverse action 
under paragraph 7#a7 is proposed is     
entitled to written notice4  7,b7 7i7   
,an employee who is notified under      
subparagraph 7,a7 of being the subject  
of a proposed adverse action under      
paragraph 7#a7 is entitled to #ad days  
following such notification to answer   
and furnish evidence in support of the  
answer4  7ii7 ,if the employee does not 
furnish any such evidence as described  

in clause 7i7 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 #ad-;day period4  
7,c7 ,paragraphs 7#a7 and 7#b7 of       
subsection 7b7 of section #geac of title
 #e1 subsection 7c7 of such section1    
paragraphs 7#a7 and 7#b7 of subsection  
7b7 of section #gedc of such title1 and 
subsection 7c7 of such section shall not
 apply with respect to an adverse action
 carried out under paragraph 7#a74  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 negative peer review 
or opening a retaliatory investigation  
because of 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   

#gcb of this title4  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 of this title 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 ,not less frequently than once
 each year1 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 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 ,congress1 the
 ,inspector ,general1 or another        
investigatory agency 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 ,manner     
training is provided ,the ,secretary    
shall ensure that training provided     
under subsection 7a7 is provided in     
person4  7c7 ,certification ,not less   
frequently than once each year1 the     
,secretary shall provide training on    
merit system protection in a manner that
 the ,special ,counsel certifies as     

being satisfactory4  7d7 ,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 ,not less frequently than once 
each year1 the ,secretary shall submit  
to the appropriate committees of        
,congress a report that includes--  7#a7
 with respect to whistleblower          
complaints filed under section #gcb of  
this title 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 appropriate committees of ,congress 
of such information1 including the      
determination made by the ,special      
,counsel4  7c7 ,appropriate committees  
of ,congress ,in this section1 the term 
appropriate committees of ,congress     
means-- 7#a7 the ,committee on          
,veterans' ,affairs and the ,committee  
on ,homeland ,security and ,governmental
 ,affairs of the ,senate2 and  7#b7 the 
,committee on ,veterans' ,affairs and   
the ,committee on ,oversight and        
,government ,reform of the ,house of    
,representatives4  4  7#b7 ,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-- 
7i7 by inserting before the item        
relating to section #gja the following  
new item3  ,subchapter ,i--,general     
employee matters  2  and  7ii7 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  7b7 ,expansion of definition of    
personnel action ,to include performance
 evaluations of employees of the        
,department of ,veterans ,affairs       
,section #bcjb7;a77#b77;,a77viii7 of    
title #e1 ,united ,states ,code1 is     
amended by inserting or under title #ch 
after chapter #dc of this title4  #c4   

,requirement that the ,inspector        
,general of the ,department of ,veterans
 ,affairs submit and make available to  
the public certain work products        
,section #cab of title #ch1 ,united     
,states ,code1 is amended by adding at  
the end the following new subsection3   
7c7 7#a7 ,whenever the ,inspector       
,general1 in carrying out the duties and
 responsibilities established under the 
,inspector ,general ,act of #aigh 7#e   
,u4,s4,c4 ,app471 issues a work product 
that makes a recommendation or otherwise
 suggests corrective action1 the        
,inspector ,general shall--  7,a7 submit
 the work product to-- 7i7 the          
,secretary2  7ii7 the ,committee on     
,veterans' ,affairs1 the ,committee on  
,homeland ,security and ,governmental   
,affairs1 and the ,committee on         
,appropriations of the ,senate2  7iii7  
the ,committee on ,veterans' ,affairs1  
the ,committee on ,oversight and        
,government ,reform1 and the ,committee 
on ,appropriations of the ,house of     

,representatives2  7iv7 if the work     
product was initiated upon request by an
 individual or entity other than the    
,inspector ,general1 that individual or 
entity2 and  7v7 any ,member of         
,congress upon request2 and  7,b7 not   
later than #c days after the work       
product is submitted in final form to   
the ,secretary1 post the work product on
 the ,internet website of the ,inspector
 ,general4  7#b7 ,nothing in this       
subsection shall be construed to        
authorize the public disclosure of      
information that is specifically        
prohibited from disclosure by any other 
provision of law4  4  #d4 ,treatment of 
congressional testimony by ,department  
of ,veterans ,affairs employees as      
official duty  7a7 ,in general          
,subchapter ,i of chapter #g of title   
#ch1 ,united ,states ,code1 as          
designated by section #b7;a77#b77;,a71  
is amended by adding at the end the     
following new section3  #gae4           
,congressional testimony by employees3  

treatment as official duty  7a7         
,congressional testimony ,an employee of
 the ,department is performing official 
duty during the period with respect to  
which the employee is testifying in an  
official capacity in front of either    
chamber of ,congress1 a committee of    
either chamber of ,congress1 or a joint 
or select committee of ,congress4  7b7  
,travel ,expenses ,the ,secretary shall 
provide travel expenses1 including per  
diem in lieu of subsistence1 in         
accordance with applicable provisions   
under subchapter ,i of chapter #eg of   
title #e1 to any employee of the        
,department of ,veterans ,affairs       
performing official duty described under
 subsection 7a74  4  7b7 ,clerical      
amendment ,the table of sections at the 
beginning of such chapter1 as amended by
 section #b7;a77#b77;,b71 is further    
amended by inserting after the item     
relating to section #gac the following  
new item3  #gae4 ,congressional         
testimony by employees3 treatment as    

official duty4  4