‘‘(D) A statement directing the employee to in-
formation accessible on the Internet website of the 
Department as described in section 745(c). 
‘‘(E) Fields for the employee to provide— 
‘‘(i) the date that the form is submitted; 
‘‘(ii) the name of the employee; 
‘‘(iii) the contact information of the em-
ployee; 
‘‘(iv) a summary of the whistleblower com-
plaint (including the option to append sup-
porting documents pursuant to paragraph (1)); 
and 
‘‘(v) proposed solutions to complaint. 
‘‘(F) Any other information or fields that the 
Secretary determines appropriate. 
‘‘(3) The Secretary, in consultation with the Special 
Counsel, shall develop the form described in paragraph (2) 
by not later than 60 days after the date of the enactment 
of this section. 
‘‘§ 743. Adverse actions against supervisory employ-
ees who commit prohibited personnel ac-
tions 
relating 
to 
whistleblower 
com-
plaints 
‘‘(a) IN GENERAL.—(1) In accordance with para-
graph (2), the Secretary shall carry out the following ad-
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verse actions against supervisory employees whom the Sec-
retary, an administrative judge, the Merit Systems Protec-
tion Board, the Office of Special Counsel, an adjudicating 
body provided under a union contract, a Federal judge, 
or the Inspector General of the Department determines 
committed a prohibited personnel action described in sub-
section (c): 
‘‘(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 
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-
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verse action, the Secretary shall carry out the adverse ac-
tion 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 ac-
tion 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 spec-
ified in subsection (a). 
‘‘(c) 
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— 
‘‘(A) filing a whistleblower complaint in ac-
cordance with section 742 of this title; 
‘‘(B) filing a whistleblower complaint with 
the Inspector General of the Department, the 
Special Counsel, or Congress; 
‘‘(C) providing information or participating 
as a witness in an investigation of a whistle-
blower complaint in accordance with section 
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742 or with the Inspector General of the De-
partment, the Special Counsel, or Congress; 
‘‘(D) participating in an audit or investiga-
tion 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 oth-
erwise 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 
action that is prohibited by section 4705(b) or sec-
tion 4712(a)(1) of title 41, as the case may be. 
‘‘§ 744. Evaluation criteria of supervisors and treat-
ment of bonuses 
‘‘(a) EVALUATION CRITERIA.—(1) In evaluating the 
performance of supervisors of the Department, the Sec-
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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 742. 
‘‘(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 743(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 
(regardless 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 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-
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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) before such order is made, the supervisor 
is afforded— 
‘‘(i) notice of the order and an opportunity 
to respond to the order; and 
‘‘(ii) an opportunity to appeal the order to 
another department or agency of the Federal 
Government, except that any such department 
or agency shall issue a final decision with re-
spect to such appeal not later than the date 
that is 30 days after the date the department 
or agency received such appeal. 
‘‘§ 745. 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 743(c) of this title; 
‘‘(3) with respect to supervisors, how to treat 
whistleblower complaints in accordance with section 
742 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 7742 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.—(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 742(g)(2). 
‘‘§ 746. Notice to Congress 
‘‘Not later than 30 days after the date on which the 
Secretary receives from the Special Counsel information 
relating to a whistleblower complaint pursuant to section 
1213 of title 5, the Secretary shall notify the Committees 
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on Veterans’ Affairs of the House of Representatives and 
the Senate, the Committee on Oversight and Government 
Reform of the House of Representatives, and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate of such information, including the deter-
mination 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 
‘‘741. Whistleblower complaint defined. 
‘‘742. Treatment of whistleblower complaints. 
‘‘743. Adverse actions against supervisory employees who commit prohibited 
personnel actions relating to whistleblower complaints. 
‘‘744. Evaluation criteria of supervisors and treatment of bonuses. 
‘‘745. Training regarding whistleblower complaints. 
‘‘746. Notice to Congress.’’. 
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SEC. 9. APPEALS REFORM. 
(a) DEFINITIONS.—Section 101 of title 38, United 
States Code, is amended by adding at the end the fol-
lowing new paragraphs: 
‘‘(34) The term ‘Agency of Original Jurisdic-
tion’ means the activity which entered the original 
determination with regard to a claim for benefits 
under this title. 
‘‘(35) The term ‘relevant evidence’ means evi-
dence that tends to prove or disprove a matter in 
issue.’’. 
(b) NOTICE TO CLAIMANTS OF REQUIRED INFORMA-
TION AND EVIDENCE.—Section 5103 of title 38, United 
States Code, is amended— 
(1) in subsection (a)(2)(B)(i) by striking ‘‘, a 
claim for reopening a prior decision on a claim, or 
a claim for an increase in benefits;’’ and inserting 
‘‘or a supplemental claim;’’; and 
(2) in subsection (b) by adding at the end the 
following new paragraph: 
‘‘(6) Nothing in this section shall require notice 
to be sent for a supplemental claim that is filed 
within the timeframe set forth in subsections 
(a)(2)(B) and (a)(2)(D) of section 5110 of this 
title.’’. 
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(c) 
RULE
WITH
RESPECT
TO
DISALLOWED 
CLAIMS.—Section 5103A(f) of title 38, United States 
Code, is amended to read as follows: 
‘‘(f) RULE
WITH
RESPECT
TO
DISALLOWED 
CLAIMS.—Nothing in this section shall be construed to re-
quire the Secretary to readjudicate a claim that has been 
disallowed except when new and relevant evidence is pre-
sented or secured, as described in section 5108 of this 
title.’’. 
(d) OTHER MATTERS.—Chapter 51 of title 38, 
United States Code, is amended by inserting after section 
5103A the following new sections: 
‘‘§ 5103B. Applicability of duty to assist 
‘‘(a) TIME FRAME.—The Secretary’s duty to assist 
under section 5103A of this title shall apply only to a 
claim, or supplemental claim, for a benefit under a law 
administered by the Secretary until the time that a claim-
ant is provided notice of the decision of the agency of 
original jurisdiction decision with respect to such claim, 
or supplemental claim, under section 5104 of this title. 
‘‘(b) NON-APPLICABILITY TO CERTAIN REVIEWS AND 
APPEALS.—The Secretary’s duty to assist under section 
5103A of this title shall not apply to higher-level review 
by the agency of original jurisdiction, pursuant to section 
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5104B of this title, or to review on appeal by the Board 
of Veterans’ Appeals. 
‘‘(c) CORRECTION OF DUTY TO ASSIST ERRORS.— 
(1) If, during review of the decision of the agency of origi-
nal jurisdiction under section 5104B of this title, the high-
er-level reviewer identifies an error on the part of the 
agency of original jurisdiction to satisfy its duties under 
section 5103A of this title, and that error occurred prior 
to the decision of the agency of original jurisdiction being 
reviewed, the higher-level reviewer shall return the claim 
for correction of such error and readjudication unless the 
claim can be granted in full. 
‘‘(2) If the Board, during review on appeal of a deci-
sion of the agency of original jurisdiction decision, identi-
fies an error on the part of the agency of original jurisdic-
tion to satisfy its duties under section 5103A of this title, 
and that error occurred prior to the decision of the agency 
of original jurisdiction on appeal, the Board shall remand 
the claim to the agency of original jurisdiction for correc-
tion of such error and readjudication unless the claim can 
be granted in full. Remand for correction of such error 
may include directing the agency of original jurisdiction 
to obtain an advisory medical opinion under section 5109 
of this title. 
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‘‘§ 5104A. Binding nature of favorable findings 
‘‘Any finding favorable to the claimant as described 
in section 5104(b)(4) of this title shall be binding on all 
subsequent adjudicators within the department, unless 
clear and convincing evidence is shown to the contrary to 
rebut such favorable finding. 
‘‘§ 5104B. Higher-level review by the agency of origi-
nal jurisdiction 
‘‘(a) IN GENERAL.—The claimant may request a re-
view of the decision of the agency of original jurisdiction 
by a higher-level adjudicator within the jurisdiction of the 
agency of original jurisdiction. 
‘‘(b) TIME AND MANNER OF REQUEST.—A request 
for higher-level review by the agency of original jurisdic-
tion must be in writing in the form prescribed by the Sec-
retary and made within one year of the notice of the deci-
sion of the agency of original jurisdiction. Such request 
may specifically indicate whether such review is requested 
by a higher-level adjudicator at the same office within the 
agency of original jurisdiction or by an adjudicator at a 
different office of the agency of original jurisdiction. 
‘‘(c) DECISION.—Notice of a higher-level review deci-
sion under this section shall be provided in writing. 
‘‘(d) EVIDENTIARY RECORD FOR REVIEW.—The evi-
dentiary record before the higher-level reviewer shall be 
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limited to the evidence of record in the decision of the 
agency of original jurisdiction being reviewed. 
‘‘(e) DE NOVO REVIEW.—Higher-level review under 
this section shall be de novo.’’. 
(e) NOTICE OF DECISIONS.—Section 5104(b) of title 
38, United States Code, is amended to read as follows: 
‘‘(b) In any case where the Secretary denies a benefit 
sought, the notice required by subsection (a) shall also in-
clude— 
‘‘(1) identification of the issues adjudicated; 
‘‘(2) a summary of the evidence considered by 
the Secretary; 
‘‘(3) a summary of the applicable laws and reg-
ulations; 
‘‘(4) identification of findings favorable to the 
claimant; 
‘‘(5) identification of elements not satisfied 
leading to the denial; 
‘‘(6) an explanation of how to obtain or access 
evidence used in making the decision; and 
‘‘(7) if applicable, identification of the criteria 
that must be satisfied to grant service connection or 
the next higher level of compensation.’’. 
(f) SUPPLEMENTAL CLAIMS.—Section 5108 of title 
38, United States Code, is amended to read as follows: 
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‘‘§ 5108. Supplemental claims 
‘‘If new and relevant evidence is presented or secured 
with respect to a supplemental claim, the Secretary shall 
readjudicate the claim taking into consideration any evi-
dence added to the record prior to the former disposition 
of the claim.’’. 
(g) REMANDS
FOR MEDICAL OPINIONS.—Section 
5109 of title 38, United States Code, is amended by add-
ing at the end the following new subsection: 
‘‘(d) The Board of Veterans’ Appeals may remand 
a claim to direct the agency of original jurisdiction to ob-
tain an advisory medical opinion under this section to cor-
rect an error on the part of the agency of original jurisdic-
tion to satisfy its duties under section 5103A of this title 
when such error occurred prior to the decision of the agen-
cy of original jurisdiction on appeal. The Board’s remand 
instructions shall include the questions to be posed to the 
independent medical expert providing the advisory medical 
opinion.’’. 
(h) EFFECTIVE DATES OF AWARDS.—Section 5110 
of title 38, United States Code, is amended— 
(1) by striking subsection (a) and inserting the 
following new subsection (a): 
‘‘(a)(1) Unless specifically provided otherwise in this 
chapter, the effective date of an award based on an initial 
claim, or a supplemental claim, of compensation, depend-
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ency and indemnity compensation, or pension, shall be 
fixed in accordance with the facts found, but shall not be 
earlier than the date of receipt of application therefor. 
‘‘(2) For purposes of applying the effective date rules 
in this section, the date of application shall be considered 
the date of the filing of the initial application for a benefit 
provided that the claim is continuously pursued by filing 
any of the following either alone or in succession: 
‘‘(A) A request for higher-level review under 
section 5104B of this title within one year of an 
agency of original jurisdiction decision. 
‘‘(B) A supplemental claim under section 5108 
of this title within one year of an agency of original 
jurisdiction decision. 
‘‘(C) A notice of disagreement within one year 
of an agency of original jurisdiction decision. 
‘‘(D) A supplemental claim under section 5108 
of this title within one year of a decision of the 
Board of Veterans’ Appeals. 
‘‘(3) Except as otherwise provided in this section, for 
supplemental claims received more than one year after an 
agency of original jurisdiction decision or a decision by 
the Board of Veterans’ Appeals, the effective date shall 
be fixed in accordance with the facts found, but shall not 
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be earlier than the date of receipt of the supplemental 
claim.’’; and 
(2) in subsection (i) by— 
(A) striking ‘‘reopened’’ and inserting ‘‘re-
adjudicated’’; 
(B) striking ‘‘material’’ and inserting ‘‘rel-
evant’’; and 
(C) striking ‘‘reopening’’ and inserting ‘‘re-
adjudication’’. 
(i) DEFINITION
OF AWARD
OR INCREASED RE-
WARD.—Section 5111(d)(1) of title 38, United States 
Code, is amended by striking ‘‘or reopened award;’’ and 
inserting ‘‘award or award based on a supplemental 
claim;’’. 
(j) RECOGNITION OF AGENTS AND ATTORNEYS GEN-
ERALLY.—Section 5904 of title 38, United States Code, 
is amended— 
(1) in subsection (c)(1) by striking ‘‘notice of 
disagreement is filed’’ and inserting ‘‘claimant is 
provided notice of the initial decision of the agency 
of original jurisdiction under section 5104 of this 
title’’; and 
(2) in subsection (c)(2) by striking ‘‘notice of 
disagreement is filed’’ and inserting ‘‘claimant is 
provided notice of the initial decision of the agency 
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of original jurisdiction under section 5104 of this 
title’’. 
(k) CORRECTION
OF OBVIOUS ERRORS.—Section 
7103 of title 38, United States Code, is amended— 
(1) in subsection (b)(1)(A) by striking ‘‘heard’’ 
and inserting ‘‘decided’’; and 
(2) in subsection (b)(1)(B) by striking ‘‘heard’’ 
and inserting ‘‘decided’’. 
(l) JURISDICTION OF BOARD.—Section 7104(b) of 
title 38, United States Code, is amended by striking ‘‘re-
opened’’ and inserting ‘‘readjudicated’’. 
(m) FILING OF APPEAL.—Section 7105 of title 38, 
United States Code, is amended— 
(1) in subsection (a)— 
(A) by striking the first sentence and in-
serting ‘‘Appellate review will be initiated by 
the filing of a notice of disagreement in the 
form prescribed by the Secretary.’’; and 
(B) by striking ‘‘hearing and’’; 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b)(1) Except in the case of simultaneously con-
tested claims, notice of disagreement shall be filed within 
one year from the date of the mailing of notice of the deci-
sion of the agency of original jurisdiction under section 
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