‘‘(4) In this subsection, the term ‘central whistleblower 
office’ means the Office of Accountability Review or a suc-
cessor office that is established or designated by the Sec-
retary to investigate whistleblower complaints filed under 
this section or any other method established by law. 
‘‘§ 733. Adverse actions against supervisory employees 
who commit prohibited personnel actions 
relating to whistleblower complaints 
‘‘(a) IN GENERAL.—(1) In accordance with paragraph 
(2), the Secretary shall carry out the following adverse ac-
tions against supervisory 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 (c): 
‘‘(A) With respect to the first offense, an adverse 
action that is not less than a 14-day suspension and 
not more than removal. 
‘‘(B) With respect to the second offense, removal. 
‘‘(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 subsections (d) and 
(e) of section 713 of this title shall apply with respect to 
an adverse action carried out under paragraph (1). 
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‘‘(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 action. 
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 adverse action, 
the Secretary shall carry out the adverse action following 
such five-day period. 
‘‘(b) LIMITATION
ON OTHER ADVERSE ACTIONS.— 
With respect to a prohibited personnel action described in 
subsection (c), if the Secretary carries out an adverse action 
against a supervisory employee, 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 (a). 
‘‘(c) PROHIBITED PERSONNEL ACTION DESCRIBED.— 
A prohibited personnel action described in this subsection 
is any of the following actions: 
‘‘(1) Taking or failing to take a personnel action 
in violation of section 2302 of title 5 against an em-
ployee relating to the employee— 
‘‘(A) filing a whistleblower complaint in ac-
cordance with section 732 of this title; 
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‘‘(B) filing a whistleblower complaint with 
the Inspector General of the Department, the 
Special Counsel, or Congress; 
‘‘(C) providing information or partici-
pating as a witness in an investigation of a 
whistleblower complaint in accordance with sec-
tion 732 or with the Inspector General of the De-
partment, the Special Counsel, or Congress; 
‘‘(D) participating in an audit or inves-
tigation by the Comptroller General of the 
United States; 
‘‘(E) refusing to perform an action that is 
unlawful or prohibited by the Department; or 
‘‘(F) engaging in communications that are 
related to the duties of the position or are other-
wise protected. 
‘‘(2) Preventing or restricting an employee from 
making an action described in any of subparagraphs 
(A) through (F) of paragraph (1). 
‘‘(3) Conducting a peer review or opening a re-
taliatory investigation relating to an activity of an 
employee that is protected by section 2302 of title 5. 
‘‘(4) Requesting a contractor to carry out an ac-
tion that is prohibited by section 4705(b) or section 
4712(a)(1) of title 41, as the case may be. 
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‘‘§ 734. Evaluation criteria of supervisors and treat-
ment of bonuses 
‘‘(a) EVALUATION CRITERIA.—(1) In evaluating the 
performance of supervisors of the Department, the Secretary 
shall include the criteria described in paragraph (2). 
‘‘(2) The criteria described in this subsection are the 
following: 
‘‘(A) Whether the supervisor treats whistleblower 
complaints in accordance with section 732. 
‘‘(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 733(b) 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 (re-
gardless of whether any fault was assigned under such 
settlement), the Secretary. 
‘‘(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 beginning 
on the date on which the determination was made under 
such subsection. 
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‘‘(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 perform-
ance during a period in which the supervisor com-
mitted a prohibited personnel action as determined 
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 op-
portunity for a hearing before making such repay-
ment. 
‘‘§ 735. 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 1978 (5 
U.S.C. App.), shall annually provide to each employee of 
the Department training regarding whistleblower com-
plaints, including— 
‘‘(1) an explanation of each method established 
by law in which an employee may file a whistleblower 
complaint; 
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‘‘(2) an explanation of prohibited personnel ac-
tions described by section 733(c) of this title; 
‘‘(3) with respect to supervisors, how to treat 
whistleblower complaints in accordance with section 
732 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 infor-
mation to Congress in instances where such disclosure 
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 regula-
tions promulgated under section 264(c) of the Health 
Insurance Portability and Accountability Act of 1996 
(Public Law 104–191); 
‘‘(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 Enhancement Act of 
2012 (5 U.S.C. 2302 note); and 
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‘‘(7) the right of contractors to be protected from 
reprisal for the disclosure of certain information 
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.—(1) 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, including 
the information described in paragraphs (1) through (7) of 
subsection (a). 
‘‘(2) The Secretary shall publish on the Internet 
website of the Department, the whistleblower complaint 
form described in section 732(g)(2). 
‘‘§ 736. 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, the Committee on 
Oversight and Government Reform of the House of Rep-
resentatives, and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report that includes— 
‘‘(1) with respect to whistleblower complaints 
filed under section 732 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 In-
spector General of the Department of Veterans 
Affairs during the year covered by the report; 
‘‘(B) the disposition of such complaints; and 
‘‘(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 
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which the Secretary receives from the Special Counsel infor-
mation relating to a whistleblower complaint pursuant to 
section 1213 of title 5, the Secretary shall notify the Com-
mittees on Veterans’ Affairs of the House of Representatives 
and the Senate, the Committee on Oversight and Govern-
ment Reform of the House of Representatives, and the Com-
mittee on Homeland Security and Governmental Affairs of 
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 at the end the following new 
items: 
‘‘SUBCHAPTER II—WHISTLEBLOWER COMPLAINTS 
‘‘731. Whistleblower complaint defined. 
‘‘732. Treatment of whistleblower complaints. 
‘‘733. Adverse actions against supervisory employees who commit prohibited per-
sonnel actions relating to whistleblower complaints. 
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‘‘734. Evaluation criteria of supervisors and treatment of bonuses. 
‘‘735. Training regarding whistleblower complaints. 
‘‘736. Reports to Congress.’’. 
SEC. 5. REFORM OF PERFORMANCE APPRAISAL SYSTEM 
FOR SENIOR EXECUTIVE SERVICE EMPLOY-
EES OF THE DEPARTMENT OF VETERANS AF-
FAIRS. 
(a) PERFORMANCE APPRAISAL SYSTEM.— 
(1) IN GENERAL.—Chapter 7 of title 38, United 
States Code, is further amended by inserting after sec-
tion 717, as added by section 3, the following new sec-
tion: 
‘‘§ 719. Senior executives: performance appraisal 
‘‘(a) PERFORMANCE APPRAISAL SYSTEM.—(1) The 
performance appraisal system for individuals employed in 
senior executive positions in the Department required by 
section 4312 of title 5 shall provide, in addition to the re-
quirements of such section, for five annual summary rat-
ings of levels of performance as follows: 
‘‘(A) One outstanding level. 
‘‘(B) One exceeds fully successful level. 
‘‘(C) One fully successful level. 
‘‘(D) One minimally satisfactory level. 
‘‘(E) One unsatisfactory level. 
‘‘(2) The following limitations apply to the rating of 
the performance of such individuals: 
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‘‘(A) For any year, not more than 10 percent of 
such individuals who receive a performance rating 
during that year may receive the outstanding level 
under paragraph (1)(A). 
‘‘(B) For any year, not more than 20 percent of 
such individuals who receive a performance rating 
during that year may receive the exceeds fully success-
ful level under paragraph (1)(B). 
‘‘(3) In evaluating the performance of an individual 
under the performance appraisal system, the Secretary shall 
take into consideration— 
‘‘(A) any complaint or report (including any 
pending or published report) submitted by the Inspec-
tor General of the Department, the Comptroller Gen-
eral of the United States, the Equal Employment Op-
portunity Commission, or any other appropriate per-
son or entity, related to any facility or program man-
aged by the individual, as determined by the Sec-
retary; 
‘‘(B) efforts made by the individual to maintain 
high levels of satisfaction and commitment among the 
employees supervised by the individual; and 
‘‘(C) the criteria described in section 734(a)(2) of 
this title. 
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‘‘(b) CHANGE OF POSITION.—(1) At least once every 
five years, the Secretary shall reassign each individual em-
ployed in a senior executive position to a position at a dif-
ferent location that does not include the supervision of the 
same personnel or programs. The Secretary shall make such 
reassignments on a rolling basis based on the date on which 
an individual was originally assigned to a position. 
‘‘(2) The Secretary may waive the requirement under 
paragraph (1) for any such individual, if the Secretary sub-
mits to the Committees on Veterans’ Affairs of the Senate 
and House of Representatives notice of the waiver and an 
explanation of the reasons for the waiver. 
‘‘(c) REPORT.—Not later than March 1 of each year, 
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 Rep-
resentatives a report on the performance appraisal system 
of the Department under subsection (a). Each such report 
shall include, for the year preceding the year during which 
the report is submitted, each of the following: 
‘‘(1) All documentation concerning each of the 
following for each individual employed in a senior ex-
ecutive position in the Department: 
‘‘(A) The initial performance appraisal. 
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