S. 585 

One Hundred Fifteenth Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and seventeen 

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)); 
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(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: 

‘‘§ 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 
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‘‘(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. 
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‘‘(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 
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(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: 

‘‘§ 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 
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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 
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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 
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of command structure of the Department of Veterans Affairs police 

officers at medical centers of the Department. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.