I 
114TH CONGRESS 
1ST SESSION 
H. R. 571 
To amend title 38, United States Code, to improve the treatment of whistle-
blower complaints by the Secretary of Veterans Affairs, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 27, 2015 
Mr. MILLER of Florida introduced the following bill; which was referred to 
the Committee on Veterans’ Affairs, and in addition to the Committee 
on Oversight and Government Reform, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend title 38, United States Code, to improve the 
treatment of whistleblower complaints by the Secretary 
of Veterans Affairs, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Veterans Affairs Retal-
iation Prevention Act of 2015’’. 
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SEC. 2. TREATMENT OF WHISTLEBLOWER COMPLAINTS IN 
DEPARTMENT OF VETERANS AFFAIRS. 
(a) IN GENERAL.—Chapter 7 of title 38, United 
States Code, is amended by adding at the end the fol-
lowing new subchapter: 
‘‘SUBCHAPTER II—WHISTLEBLOWER 
COMPLAINTS 
‘‘§ 721. Whistleblower complaint defined 
‘‘In this subchapter, the term ‘whistleblower com-
plaint’ means a complaint by an employee of the Depart-
ment disclosing, or assisting another employee to disclose, 
a potential violation of any law, rule, or regulation, or 
gross mismanagement, gross waste of funds, abuse of au-
thority, or substantial and specific danger to public health 
and safety. 
‘‘§ 722. Treatment of whistleblower complaints 
‘‘(a) FILING.—(1) In addition to any other method 
established by law in which an employee may file a whistle-
blower complaint, an employee of the Department may file 
a whistleblower complaint with a supervisor of the em-
ployee. 
‘‘(2) In making a whistleblower complaint under 
paragraph (1), an employee shall file the initial complaint 
with the immediate supervisor of the employee. 
‘‘(b) NOTIFICATION.—(1) Not later than two busi-
ness days after the date on which a supervisor receives 
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a whistleblower complaint by an employee under this sec-
tion, the supervisor shall notify, in writing, the employee 
of whether the supervisor determines that there is a rea-
sonable likelihood that the complaint discloses a violation 
of any law, rule, or regulation, or gross mismanagement, 
gross waste of funds, abuse of authority, or substantial 
and specific danger to public health and safety. The super-
visor 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 complaint. 
‘‘(2) On a monthly basis, the supervisor shall submit 
to the appropriate director or other official who is superior 
to the supervisor a written report that includes the num-
ber of whistleblower complaints received by the supervisor 
under this section during the month covered by the report, 
the disposition of such complaints, and any actions taken 
because of such complaints pursuant to subsection (c). In 
the case in which such a director or official carries out 
this paragraph, the director or official shall submit such 
monthly report to the supervisor of the director or official 
and to the Office of Accountability Review. 
‘‘(c) POSITIVE DETERMINATION.—If a supervisor 
makes a positive determination under subsection (b)(1) re-
garding a whistleblower complaint of an employee, the su-
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pervisor shall include in the notification to the employee 
under such subsection the specific actions that the super-
visor will take to address the complaint. 
‘‘(d) FILING COMPLAINT WITH NEXT-LEVEL SUPER-
VISORS.—(1) If a supervisor does not make a timely deter-
mination under subsection (b)(1) regarding a whistle-
blower complaint, or if the employee who made the com-
plaint determines that the supervisor did not adequately 
address the complaint pursuant to subsection (c), the em-
ployee may file such whistleblower complaint with the 
next-level supervisor who shall treat such complaint in ac-
cordance with this section. 
‘‘(2) An employee may file a whistleblower complaint 
with the Secretary if the employee has filed the whistle-
blower complaint to each level of supervisors between the 
employee and the Secretary in accordance with paragraph 
(1). 
‘‘(e) TRANSFER OF EMPLOYEE WHO FILES WHIS-
TLEBLOWER COMPLAINT.—If a supervisor makes a posi-
tive determination under subsection (b)(1) regarding a 
whistleblower complaint filed by an employee, the Sec-
retary shall— 
‘‘(1) inform the employee of the ability to vol-
unteer for a transfer in accordance with section 
3352 of title 5; and 
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‘‘(2) give preference to the employee for such a 
transfer in accordance with such section. 
‘‘(f) PROHIBITION ON EXEMPTION.—The Secretary 
may not exempt any employee of the Department from 
being covered by this section. 
‘‘§ 723. Adverse actions against employees who com-
mit prohibited personnel actions relating 
to whistleblower complaints 
‘‘(a) IN GENERAL.—(1) In accordance with para-
graph (2), the Secretary shall carry out the following ad-
verse actions against employees whom the Secretary, an 
administrative judge, the Merit Systems Protection Board, 
the Office of Special Counsel, an adjudicating body pro-
vided under a union contract, a Federal judge, or the In-
spector General of the Department determines committed 
a prohibited personnel action described in subsection (d): 
‘‘(A) With respect to the first offense, an ad-
verse action that is not less than a 14-day suspen-
sion and not more than removal. 
‘‘(B) With respect to the second offense, re-
moval. 
‘‘(2)(A) Except as provided by subparagraph (B), 
and notwithstanding subsections (b) and (c) of section 
7513 and section 7543 of title 5, the provisions of sub-
sections (d) and (e) of section 713 of this title shall apply 
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with respect to an adverse action carried out under para-
graph (1). 
‘‘(B) An employee who is notified of being the subject 
of a proposed adverse action under paragraph (1) may not 
be given more than five days following such notification 
to provide evidence to dispute such proposed adverse ac-
tion. If the employee does not provide any such evidence, 
or if the Secretary determines that such evidence is not 
sufficient to reverse the determination to propose the ad-
verse action, the Secretary shall carry out the adverse ac-
tion following such five-day period. 
‘‘(b) FEES.—(1) In addition to any adverse action 
carried out under subsection (a), to recoup costs borne by 
the Federal Government by reason of prohibited personnel 
actions described in subsection (d), the Secretary shall 
charge a fee to each employee who is found to have com-
mitted such a prohibited personnel action by an adminis-
trative judge, the Merit Systems Protection Board, the Of-
fice of Special Counsel, an adjudicating body provided 
under a union contract, a Federal judge, or, in the case 
of a settlement of a whistleblower complaint (regardless 
of whether any fault was assigned under such settlement), 
the Secretary. The Secretary shall afford such an em-
ployee notice and an opportunity for a hearing before 
charging such fee. 
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‘‘(2) In carrying out paragraph (1), the Secretary 
shall prescribe a schedule of fees that takes into account 
the cost to the Federal Government of the prohibited per-
sonnel action committed by an employee described in such 
paragraph, including such costs paid by the Federal Gov-
ernment pursuant to an order to pay attorney fees de-
scribed in section 1204(m) of title 5 or other similar order 
of an administrative judge or Federal judge. 
‘‘(c) LIMITATION ON OTHER ADVERSE ACTIONS.— 
With respect to a prohibited personnel action described in 
subsection (d), if the Secretary carries out an adverse ac-
tion against an employee or charges a fee to an employee 
under a provision of law other than this section, the Sec-
retary 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 sub-
section (a) and the total fees charged do not exceed the 
amount prescribed under subsection (b)(2). 
‘‘(d) 
PROHIBITED
PERSONNEL
ACTION
DE-
SCRIBED.—A prohibited personnel action described in this 
subsection is any of the following actions: 
‘‘(1) Taking or failing to take a personnel ac-
tion in violation of section 2302 of title 5 against an 
employee relating to the employee— 
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‘‘(4) Requesting a contractor to carry out an 
action that is prohibited by section 4705(b) or sec-
tion 4712(a)(1) of title 41, as the case may be. 
‘‘§ 724. Evaluation criteria of supervisors and treat-
ment of bonuses 
‘‘(a) EVALUATION CRITERIA.—(1) In evaluating the 
performance of supervisors of the Department, the Sec-
retary shall include the criteria described in paragraph 
(2). 
‘‘(2) The criteria described in this subsection are the 
following: 
‘‘(A) Whether the supervisor treats whistle-
blower complaints in accordance with section 722. 
‘‘(B) Whether the appropriate deciding official, 
performance review board, or performance review 
committee determines that the supervisor was found 
to have committed a prohibited personnel action de-
scribed in section 723(c) by an administrative judge, 
the Merit Systems Protection Board, the Office of 
Special Counsel, an adjudicating body provided 
under a union contract, a Federal judge, or, in the 
case of a settlement of a whistleblower complaint 
(regardless of whether any fault was assigned under 
such settlement), the Secretary. 
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‘‘(b) BONUSES.—(1) The Secretary may not pay to 
a supervisor described in subsection (a)(2)(B) an award 
or bonus under this title or title 5, including under chapter 
45 or 53 of such title, during the one-year period begin-
ning on the date on which the determination was made 
under such subsection. 
‘‘(2) Notwithstanding any other provision of law, the 
Secretary shall issue an order directing a supervisor de-
scribed in subsection (a)(2)(B) to repay the amount of any 
award or bonus paid under this title or title 5, including 
under chapter 45 or 53 of such title, if— 
‘‘(A) such award or bonus was paid for per-
formance during a period in which the supervisor 
committed a prohibited personnel action as deter-
mined pursuant to such subsection (a)(2)(B); 
‘‘(B) the Secretary determines such repayment 
appropriate pursuant to regulations prescribed by 
the Secretary to carry out this section; and 
‘‘(C) the supervisor is afforded notice and an 
opportunity for a hearing before making such repay-
ment. 
‘‘§ 725. Training regarding whistleblower complaints 
‘‘(a) TRAINING.—The Secretary, in coordination with 
the Whistleblower Protection Ombudsman designated 
under section 3(d)(1)(C) of the Inspector General Act of 
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1978 (5 U.S.C. App.), shall annually provide to each em-
ployee of the Department training regarding whistleblower 
complaints, including— 
‘‘(1) an explanation of each method established 
by law in which an employee may file a whistle-
blower complaint; 
‘‘(2) an explanation of prohibited personnel ac-
tions described by section 723(d) of this title; 
‘‘(3) with respect to supervisors, how to treat 
whistleblower complaints in accordance with section 
722 of this title; 
‘‘(4) the right of the employee to petition Con-
gress regarding a whistleblower complaint in accord-
ance with section 7211 of title 5; 
‘‘(5) an explanation that the employee may not 
be prosecuted or reprised against for disclosing in-
formation to Congress in instances where such dis-
closure is permitted by law, including under sections 
5701, 5705, and 7732 of this title, under section 
552a of title 5 (commonly referred to as the Privacy 
Act), under chapter 93 of title 18, and pursuant to 
regulations promulgated under section 264(c) of the 
Health Insurance Portability and Accountability Act 
of 1996 (Public Law 104–191); 
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‘‘(6) an explanation of the language that is re-
quired to be included in all nondisclosure policies, 
forms, 
and 
agreements 
pursuant 
to 
section 
115(a)(1) of the Whistleblower Protection Enhance-
ment Act of 2012 (5 U.S.C. 2302 note); and 
‘‘(7) the right of contractors to be protected 
from reprisal for the disclosure of certain informa-
tion under section 4705 or 4712 of title 41. 
‘‘(b) CERTIFICATION.—The Secretary shall annually 
provide training on merit system protection in a manner 
that the Special Counsel certifies as being satisfactory. 
‘‘(c) PUBLICATION.—The Secretary shall publish on 
the Internet website of the Department, and display 
prominently at each facility of the Department, the rights 
of an employee to file a whistleblower complaint and to 
petition Congress regarding a whistleblower complaint as 
described in paragraphs (3) and (4) of subsection (a). 
‘‘§ 726. Reports to Congress 
‘‘(a) ANNUAL REPORTS.—The Secretary shall annu-
ally submit to the Committees on Veterans’ Affairs of the 
House of Representatives and the Senate a report that 
includes— 
‘‘(1) with respect to whistleblower complaints 
filed under section 722 during the year covered by 
the report— 
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‘‘(A) the number of such complaints filed; 
‘‘(B) the disposition of such complaints; 
and 
‘‘(C) the ways in which the Secretary ad-
dressed such complaints in which a positive de-
termination was made by a supervisor under 
subsection (b)(1) of such section; 
‘‘(2) the number of whistleblower complaints 
filed during the year covered by the report that are 
not included under paragraph (1), including— 
‘‘(A) the method in which such complaints 
were filed; 
‘‘(B) the disposition of such complaints; 
and 
‘‘(C) the ways in which the Secretary ad-
dressed such complaints; and 
‘‘(3) with respect to disclosures made by a con-
tractor under section 4705 or 4712 of title 41— 
‘‘(A) the number of complaints relating to 
such disclosures that were investigated by the 
Inspector General of the Department of Vet-
erans Affairs during the year covered by the re-
port; 
‘‘(B) the disposition of such complaints; 
and 
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‘‘(C) the ways in which the Secretary ad-
dressed such complaints. 
‘‘(b) NOTICE OF OFFICE OF SPECIAL COUNSEL DE-
TERMINATIONS.—Not later than 30 days after the date 
on which the Secretary receives from the Special Counsel 
information relating to a whistleblower complaint pursu-
ant to section 1213 of title 5, the Secretary shall notify 
the Committees on Veterans’ Affairs of the House of Rep-
resentatives and the Senate of such information, including 
the determination made by the Special Counsel.’’. 
(b) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) CONFORMING AMENDMENT.—Such chapter 
is further amended by inserting before section 701 
the following: 
‘‘SUBCHAPTER I—GENERAL EMPLOYEE 
MATTERS’’. 
(2) CLERICAL AMENDMENTS.—The table of sec-
tions at the beginning of such chapter is amended— 
(A) by inserting before the item relating to 
section 701 the following new item: 
‘‘SUBCHAPTER I—GENERAL EMPLOYEE MATTERS’’; 
and 
(B) by adding after the item relating to 
section 713 the following new items: 
‘‘SUBCHAPTER II—WHISTLEBLOWER COMPLAINTS 
‘‘721. Whistleblower complaint defined. 
‘‘722. Treatment of whistleblower complaints. 
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‘‘723. Adverse actions against employees who commit prohibited personnel ac-
tions relating to whistleblower complaints. 
‘‘724. Evaluation criteria of supervisors and treatment of bonuses. 
‘‘725. Training regarding whistleblower complaints. 
‘‘726. Reports to Congress.’’. 
Æ 
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