[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 571 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 571

  To amend title 38, United States Code, to improve the treatment of 
whistleblower 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 
 provisions 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Affairs Retaliation 
Prevention Act of 2015''.

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 following new subchapter:

               ``SUBCHAPTER II--WHISTLEBLOWER COMPLAINTS

``Sec. 721. Whistleblower complaint defined
    ``In this subchapter, the term `whistleblower complaint' means a 
complaint by an employee of the Department 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 
authority, or substantial and specific danger to public health and 
safety.
``Sec. 722. Treatment of whistleblower complaints
    ``(a) Filing.--(1) In addition to any other method established by 
law in which an employee may file a whistleblower complaint, an 
employee of the Department may file a whistleblower complaint with a 
supervisor of the employee.
    ``(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 business days after the 
date on which a supervisor receives a whistleblower complaint by an 
employee under this section, the supervisor shall notify, in writing, 
the employee of whether the supervisor determines that there is a 
reasonable 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 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 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 number 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) regarding a whistleblower 
complaint of an employee, the supervisor shall include in the 
notification to the employee under such subsection the specific actions 
that the supervisor will take to address the complaint.
    ``(d) Filing Complaint With Next-Level Supervisors.--(1) If a 
supervisor does not make a timely determination under subsection (b)(1) 
regarding a whistleblower complaint, or if the employee who made the 
complaint determines that the supervisor did not adequately address the 
complaint pursuant to subsection (c), the employee may file such 
whistleblower complaint with the next-level supervisor who shall treat 
such complaint in accordance with this section.
    ``(2) 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 (1).
    ``(e) Transfer of Employee Who Files Whistleblower Complaint.--If a 
supervisor makes a positive determination under subsection (b)(1) 
regarding a whistleblower complaint filed by an employee, the Secretary 
shall--
            ``(1) inform the employee of the ability to volunteer for a 
        transfer in accordance with section 3352 of title 5; and
            ``(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.
``Sec. 723. Adverse actions against 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 actions against 
employees whom the Secretary, 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 
the Inspector General of the Department determines committed a 
prohibited personnel action described in subsection (d):
            ``(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).
    ``(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) 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 
committed such a prohibited personnel action 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. The Secretary shall afford such an employee 
notice and an opportunity for a hearing before charging such fee.
    ``(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 personnel action committed by an employee 
described in such paragraph, including such costs paid by the Federal 
Government pursuant to an order to pay attorney fees described 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 action against an employee or charges 
a fee to an employee under a provision of law other than this section, 
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 (a) and the total fees charged 
do not exceed the amount prescribed under subsection (b)(2).
    ``(d) 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 employee 
        relating to the employee--
                    ``(A) filing a whistleblower complaint in 
                accordance with section 722 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 whistleblower 
                complaint in accordance with section 722 or with the 
                Inspector General of the Department, the Special 
                Counsel, or Congress;
                    ``(D) participating in an audit or investigation 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 otherwise 
                protected.
            ``(2) Interfering with an employee making an action 
        described in any of subparagraphs (A) through (F) of paragraph 
        (1).
            ``(3) Conducting a peer review or opening a retaliatory 
        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 section 4712(a)(1) of title 
        41, as the case may be.
``Sec. 724. Evaluation criteria of supervisors and treatment 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 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 described 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.
    ``(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.
    ``(2) Notwithstanding any other provision of law, the Secretary 
shall issue an order directing a supervisor described 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 performance during a 
        period in which the supervisor committed 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 opportunity 
        for a hearing before making such repayment.
``Sec. 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 1978 (5 U.S.C. App.), shall annually 
provide to each employee of the Department training regarding 
whistleblower complaints, including--
            ``(1) an explanation of each method established by law in 
        which an employee may file a whistleblower complaint;
            ``(2) an explanation of prohibited personnel actions 
        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 Congress 
        regarding a whistleblower complaint in accordance with section 
        7211 of title 5;
            ``(5) 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 
        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);
            ``(6) an explanation of the language that is required 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
            ``(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.--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).
``Sec. 726. Reports to Congress
    ``(a) 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--
            ``(1) with respect to whistleblower complaints filed under 
        section 722 during the year covered by the report--
                    ``(A) the number of such complaints filed;
                    ``(B) the disposition of such complaints; and
                    ``(C) the ways in which the Secretary addressed 
                such complaints in which a positive determination 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 addressed 
                such complaints; and
            ``(3) with respect to disclosures made by a contractor 
        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 Veterans Affairs during 
                the year covered by the report;
                    ``(B) the disposition of such complaints; and
                    ``(C) the ways in which the Secretary addressed 
                such complaints.
    ``(b) Notice of Office of Special Counsel Determinations.--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 on Veterans' Affairs of the House of Representatives 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 sections 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.
``723. Adverse actions against employees who commit prohibited 
                            personnel actions relating to whistleblower 
                            complaints.
``724. Evaluation criteria of supervisors and treatment of bonuses.
``725. Training regarding whistleblower complaints.
``726. Reports to Congress.''.
                                 <all>