[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 585 Referred in House (RFH)]
<DOC>
115th CONGRESS
1st Session
S. 585
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 26, 2017
Referred to the Committee on Oversight and Government Reform, and in
addition to the Committee on Veterans' Affairs, 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
_______________________________________________________________________
AN ACT
To provide greater whistleblower protections for Federal employees,
increased awareness of Federal whistleblower protections, and increased
accountability and required discipline for Federal supervisors who
retaliate against whistleblowers, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Dr. Chris
Kirkpatrick Whistleblower Protection Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--EMPLOYEES GENERALLY
Sec. 101. Definitions.
Sec. 102. Stays; probationary employees.
Sec. 103. Prohibited personnel practices.
Sec. 104. Discipline of supervisors based on retaliation against
whistleblowers.
Sec. 105. Suicide by employees.
Sec. 106. Training for supervisors.
Sec. 107. Information on whistleblower protections.
TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES
Sec. 201. Prevention of unauthorized access to medical records of
employees of the Department of Veterans
Affairs.
Sec. 202. Outreach on availability of mental health services available
to employees of the Department of Veterans
Affairs.
Sec. 203. Protocols to address threats against employees of the
Department of Veterans Affairs.
Sec. 204. Comptroller General of the United States study on
accountability of chiefs of police of
Department of Veterans Affairs medical
centers.
TITLE I--EMPLOYEES GENERALLY
SEC. 101. DEFINITIONS.
In this title--
(1) the term ``agency''--
(A) except as provided in subparagraph (B), means
an entity that is an agency, as defined under section
2302 of title 5, United States Code, without regard to
whether one or more portions of title 5 of the United
States Code are inapplicable to the entity; and
(B) does not include any entity that is an element
of the intelligence community, as defined in section
3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4));
(2) the term ``employee'' means an employee (as defined in
section 2105 of title 5, United States Code) of an agency; and
(3) the term ``personnel action'' has the meaning given
that term under section 2302 of title 5, United States Code.
SEC. 102. STAYS; PROBATIONARY EMPLOYEES.
(a) Request by Special Counsel.--Section 1214(b)(1) of title 5,
United States Code, is amended by adding at the end the following:
``(E) If the Merit Systems Protection Board grants a stay under
this subsection, the head of the agency employing the employee shall
give priority to a request for a transfer submitted by the employee.''.
(b) Probationary Employees.--Section 1221 of title 5, United States
Code, is amended by adding at the end the following:
``(k) If the Merit Systems Protection Board grants a stay to an
employee in probationary status under subsection (c), the head of the
agency employing the employee shall give priority to a request for a
transfer submitted by the employee.''.
(c) Study Regarding Retaliation Against Probationary Employees.--
The Comptroller General of the United States shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Oversight and Government Reform of the House of
Representatives a report discussing retaliation against employees in
probationary status.
SEC. 103. PROHIBITED PERSONNEL PRACTICES.
Section 2302(b) of title 5, United States Code, is amended--
(1) in paragraph (12), by striking ``or'' at the end;
(2) in paragraph (13), by striking the period at the end
and inserting ``; or''; and
(3) by inserting after paragraph (13) the following:
``(14) access the medical record of another employee or an
applicant for employment as a part of, or otherwise in
furtherance of, any conduct described in paragraphs (1) through
(13).''.
SEC. 104. DISCIPLINE OF SUPERVISORS BASED ON RETALIATION AGAINST
WHISTLEBLOWERS.
(a) In General.--Subchapter II of chapter 75 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 7515. Discipline of supervisors based on retaliation against
whistleblowers
``(a) Definitions.--In this section--
``(1) the term `agency'--
``(A) except as provided in subparagraph (B), means
an entity that is an agency, as defined under section
2302, without regard to whether any other provision of
this chapter is applicable to the entity; and
``(B) does not include any entity that is an
element of the intelligence community, as defined in
section 3(4) of the National Security Act of 1947 (50
U.S.C. 3003(4));
``(2) the term `prohibited personnel action' means taking
or failing to take an action in violation of paragraph (8),
(9), or (14) of section 2302(b) against an employee of an
agency; and
``(3) the term `supervisor' means an employee who would be
a supervisor, as defined under section 7103(a), if the entity
employing the employee was an agency.
``(b) Proposed Disciplinary Actions.--
``(1) In general.--If the head of the agency employing a
supervisor, an administrative law judge, the Merit Systems
Protection Board, the Special Counsel, a judge of the United
States, or the Inspector General of the agency employing a
supervisor determines that the supervisor has committed a
prohibited personnel action, the head of the agency employing
the supervisor, in accordance with the procedures required
under paragraph (2)--
``(A) for the first prohibited personnel action
committed by a supervisor--
``(i) shall propose suspending the
supervisor for a period of not less than 3
days; and
``(ii) may, in addition to a suspension
described in clause (i), propose any other
action, including a reduction in grade or pay,
that the head of the agency determines
appropriate; and
``(B) for the second prohibited personnel action
committed by a supervisor, shall propose removing the
supervisor.
``(2) Procedures.--
``(A) Notice.--A supervisor against whom an action
is proposed to be taken under paragraph (1) is entitled
to written notice--
``(i) stating the specific reasons for the
proposed action; and
``(ii) informing the supervisor of the
right of the supervisor to review the material
which is relied on to support the reasons for
the proposed action.
``(B) Answer and evidence.--
``(i) In general.--A supervisor who is
notified under subparagraph (A) that the
supervisor is the subject of a proposed action
under paragraph (1) is entitled to 14 days
following such notification to answer and
furnish evidence in support of the answer.
``(ii) No evidence furnished; insufficient
evidence.--After the end of the 14-day period
described in clause (i), if a supervisor does
not furnish evidence as described in clause (i)
or if the head of the agency determines that
such evidence is not sufficient to reverse the
proposed action, the head of the agency shall
carry out the action.
``(C) Scope of procedures.--An action carried out
under this section--
``(i) except as provided in clause (ii),
shall be subject to the same requirements and
procedures (including regarding appeals) as an
action under section 7503, 7513, or 7543; and
``(ii) shall not be subject to--
``(I) paragraphs (1) and (2) of
section 7503(b);
``(II) paragraphs (1) and (2) of
subsection (b) and subsection (c) of
section 7513; or
``(III) paragraphs (1) and (2) of
subsection (b) and subsection (c) of
section 7543.
``(3) Delegation.--
``(A) In general.--Except as provided in paragraph
(B), the head of an agency may delegate any authority
or responsibility under this subsection.
``(B) Nondelegability of determination regarding
prohibited personnel action.--If the head of an agency
is responsible for determining whether a supervisor has
committed a prohibited personnel action for purposes of
paragraph (1), the head of the agency may not delegate
that responsibility.''.
(b) Technical and Conforming Amendment.--The table of sections for
subchapter II of chapter 75 of title 5, United States Code, is amended
by adding at the end the following:
``7515. Discipline of supervisors based on retaliation against
whistleblowers.''.
SEC. 105. SUICIDE BY EMPLOYEES.
(a) Referral.--The head of an agency shall refer to the Special
Counsel, along with any information known to the agency regarding the
circumstances described in paragraphs (2) and (3), any instance in
which the head of the agency has information indicating--
(1) an employee of the agency committed suicide;
(2) prior to the death of the employee, the employee made
any disclosure of information which reasonably evidences--
(A) any violation of any law, rule, or regulation;
or
(B) gross mismanagement, a gross waste of funds, an
abuse of authority, or a substantial and specific
danger to public health or safety; and
(3) after a disclosure described in paragraph (2), a
personnel action was taken against the employee.
(b) Office of Special Counsel Review.--For any referral to the
Special Counsel under subsection (a), the Special Counsel shall--
(1) examine whether any personnel action was taken because
of any disclosure of information described in subsection
(a)(2); and
(2) take any action the Special Counsel determines
appropriate under subchapter II of chapter 12 of title 5,
United States Code.
SEC. 106. TRAINING FOR SUPERVISORS.
In consultation with the Special Counsel and the Inspector General
of the agency (or senior ethics official of the agency for an agency
without an Inspector General), the head of each agency shall provide
training regarding how to respond to complaints alleging a violation of
whistleblower protections (as defined in section 2307 of title 5,
United States Code, as added by section 107) available to employees of
the agency--
(1) to employees appointed to supervisory positions in the
agency who have not previously served as a supervisor; and
(2) on an annual basis, to all employees of the agency
serving in a supervisory position.
SEC. 107. INFORMATION ON WHISTLEBLOWER PROTECTIONS.
(a) Existing Provision.--
(1) In general.--Section 2302 of title 5, United States
Code, is amended--
(A) by striking subsection (c); and
(B) by redesignating subsections (d), (e), and (f)
as subsections (c), (d), and (e), respectively.
(2) Technical and conforming amendments.--
(A) Section 4505a(b)(2) of title 5, United States
Code, is amended by striking ``section 2302(d)'' and
inserting ``section 2302(c)''.
(B) Section 5755(b)(2) of title 5, United States
Code, is amended by striking ``section 2302(d)'' and
inserting ``section 2302(c)''.
(C) Section 110(b)(2) of the Whistleblower
Protection Enhancement Act of 2012 (5 U.S.C. 2302 note)
is amended by striking ``section 2302(f)(1) or (2)''
and inserting ``section 2302(e)(1) or (2)''.
(D) Section 1217(d)(3) of the Panama Canal Act of
1979 (22 U.S.C. 3657(d)(3)) is amended by striking
``section 2302(d)'' and inserting ``section 2302(c)''.
(E) Section 1233(b) of the Panama Canal Act of 1979
(22 U.S.C. 3673(b)) is amended by striking ``section
2302(d)'' and inserting ``section 2302(c)''.
(b) Provision of Information.--Chapter 23 of title 5, United States
Code, is amended by adding at the end the following:
``Sec. 2307. Information on whistleblower protections
``(a) Definitions.--In this section--
``(1) the term `agency'--
``(A) except as provided in subparagraph (B), has
the meaning given that term in section 2302; and
``(B) does not include any entity that is an
element of the intelligence community, as defined in
section 3(4) of the National Security Act of 1947 (50
U.S.C. 3003(4));
``(2) the term `new employee' means an individual--
``(A) appointed to a position as an employee of an
agency on or after the date of enactment of the Dr.
Chris Kirkpatrick Whistleblower Protection Act of 2017;
and
``(B) who has not previously served as an employee;
and
``(3) the term `whistleblower protections' means the
protections against and remedies for a prohibited personnel
practice described in paragraph (8), subparagraph (A)(i), (B),
(C), or (D) of paragraph (9), or paragraph (14) of section
2302(b).
``(b) Responsibilities of Head of Agency.--The head of each agency
shall be responsible for the prevention of prohibited personnel
practices, for the compliance with and enforcement of applicable civil
service laws, rules, and regulations, and other aspects of personnel
management, and for ensuring (in consultation with the Special Counsel
and the Inspector General of the agency) that employees of the agency
are informed of the rights and remedies available to them under this
chapter and chapter 12, including--
``(1) information regarding whistleblower protections
available to new employees during the probationary period;
``(2) the role of the Office of Special Counsel and the
Merit Systems Protection Board with regard to whistleblower
protections; and
``(3) how to make a lawful disclosure of information that
is specifically required by law or Executive order to be kept
classified in the interest of national defense or the conduct
of foreign affairs to the Special Counsel, the Inspector
General of an agency, Congress, or other agency employee
designated to receive such disclosures.
``(c) Timing.--The head of each agency shall ensure that the
information required to be provided under subsection (b) is provided to
each new employee of the agency not later than 6 months after the date
the new employee begins performing service as an employee.
``(d) Information Online.--The head of each agency shall make
available information regarding whistleblower protections applicable to
employees of the agency on the public website of the agency, and on any
online portal that is made available only to employees of the agency if
one exists.
``(e) Delegees.--Any employee to whom the head of an agency
delegates authority for personnel management, or for any aspect
thereof, shall, within the limits of the scope of the delegation, be
responsible for the activities described in subsection (b).''.
(c) Technical and Conforming Amendment.--The table of sections for
chapter 23 of title 5, United States Code, is amended by adding at the
end the following:
``2307. Information on whistleblower protections.''.
TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES
SEC. 201. PREVENTION OF UNAUTHORIZED ACCESS TO MEDICAL RECORDS OF
EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Development of Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall--
(A) develop a plan to prevent access to the medical
records of employees of the Department of Veterans
Affairs by employees of the Department who are not
authorized to access such records;
(B) submit to the appropriate committees of
Congress the plan developed under subparagraph (A); and
(C) upon request, provide a briefing to the
appropriate committees of Congress with respect to the
plan developed under subparagraph (A).
(2) Elements.--The plan required under paragraph (1) shall
include the following:
(A) A detailed assessment of strategic goals of the
Department for the prevention of unauthorized access to
the medical records of employees of the Department.
(B) A list of circumstances in which an employee of
the Department who is not a health care provider or an
assistant to a health care provider would be authorized
to access the medical records of another employee of
the Department.
(C) Steps that the Secretary will take to acquire
new or implement existing technology to prevent an
employee of the Department from accessing the medical
records of another employee of the Department without a
specific need to access such records.
(D) Steps the Secretary will take, including plans
to issue new regulations, as necessary, to ensure that
an employee of the Department may not access the
medical records of another employee of the Department
for the purpose of retrieving demographic information
if that demographic information is available to the
employee in another location or through another format.
(E) A proposed timetable for the implementation of
such plan.
(F) An estimate of the costs associated with
implementing such plan.
(b) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Homeland Security and Governmental
Affairs and the Committee on Veterans' Affairs of the Senate;
and
(2) the Committee on Oversight and Government Reform and
the Committee on Veterans' Affairs of the House of
Representatives.
SEC. 202. OUTREACH ON AVAILABILITY OF MENTAL HEALTH SERVICES AVAILABLE
TO EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS.
The Secretary of Veterans Affairs shall conduct a program of
outreach to employees of the Department of Veterans Affairs to inform
those employees of any mental health services, including telemedicine
options, that are available to them.
SEC. 203. PROTOCOLS TO ADDRESS THREATS AGAINST EMPLOYEES OF THE
DEPARTMENT OF VETERANS AFFAIRS.
The Secretary of Veterans Affairs shall ensure protocols are in
effect to address threats from individuals receiving health care from
the Department of Veterans Affairs directed towards employees of the
Department who are providing such health care.
SEC. 204. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON
ACCOUNTABILITY OF CHIEFS OF POLICE OF DEPARTMENT OF
VETERANS AFFAIRS MEDICAL CENTERS.
The Comptroller General of the United States shall conduct a study
to assess the reporting, staffing, accountability, and chain of command
structure of the Department of Veterans Affairs police officers at
medical centers of the Department.
Passed the Senate May 25, 2017.
Attest:
JULIE E. ADAMS,
Secretary.