II 

Calendar No. 57 

115TH CONGRESS 

1ST SESSION S. 585 

[Report No. 115–44] 

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. 

IN THE SENATE OF THE UNITED STATES 

MARCH 8, 2017 

Mr. JOHNSON (for himself and Mrs. ERNST) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

MAY 4, 2017 

Reported by Mr. JOHNSON, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


SRADOVICH on DSK3GMQ082PROD with BILLS
2 

•S 585 RS

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Dr. Chris Kirkpatrick Whistleblower Protection Act of 

4 2017’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 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. 

7 TITLE I—EMPLOYEES 

8 GENERALLY 

9 SEC. 101. DEFINITIONS. 

10 In this title— 

11 (1) the term ‘‘agency’’— 

12 (A) except as provided in subparagraph 

13 (B), means an entity that is an agency, as de14 fined under section 2302 of title 5, United 

15 States Code, without regard to whether one or 


SRADOVICH on DSK3GMQ082PROD with BILLS
3 

•S 585 RS

1 more portions of title 5 of the United States 

2 Code are inapplicable to the entity; and 

3 (B) does not include any entity that is an 

4 element of the intelligence community, as de5 fined in section 3(4) of the National Security 

6 Act of 1947 (50 U.S.C. 3003(4)); 

7 (2) the term ‘‘employee’’ means an employee 

8 (as defined in section 2105 of title 5, United States 

9 Code) of an agency; and 

10 (3) the term ‘‘personnel action’’ has the mean11 ing given that term under section 2302 of title 5, 

12 United States Code. 

13 SEC. 102. STAYS; PROBATIONARY EMPLOYEES. 

14 (a) REQUEST BY SPECIAL COUNSEL.—Section 

15 1214(b)(1) of title 5, United States Code, is amended by 

16 adding at the end the following: 

17 ‘‘(E) If the Merit Systems Protection Board grants 

18 a stay under this subsection, the head of the agency em19 ploying the employee shall give priority to a request for 

20 a transfer submitted by the employee.’’. 

21 (b) PROBATIONARY EMPLOYEES.—Section 1221 of 

22 title 5, United States Code, is amended by adding at the 

23 end the following: 

24 ‘‘(k) If the Merit Systems Protection Board grants 

25 a stay to an employee in probationary status under subVerDate Sep 11 2014 21:26 May 04, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S585.RS S585

SRADOVICH on DSK3GMQ082PROD with BILLS
4 

•S 585 RS

1 section (c), the head of the agency employing the employee 

2 shall give priority to a request for a transfer submitted 

3 by the employee.’’. 

4 (c) STUDY REGARDING RETALIATION AGAINST PRO5 BATIONARY EMPLOYEES.—The Comptroller General of 

6 the United States shall submit to the Committee on 

7 Homeland Security and Governmental Affairs of the Sen8 ate and the Committee on Oversight and Government Re9 form of the House of Representatives a report discussing 

10 retaliation against employees in probationary status. 

11 SEC. 103. PROHIBITED PERSONNEL PRACTICES. 

12 Section 2302(b) of title 5, United States Code, is 

13 amended— 

14 (1) in paragraph (12), by striking ‘‘or’’ at the 

15 end; 

16 (2) in paragraph (13), by striking the period at 

17 the end and inserting ‘‘; or’’; and 

18 (3) by inserting after paragraph (13) the fol19 lowing: 

20 ‘‘(14) access the medical record of another em21 ployee or an applicant for employment as a part of, 

22 or otherwise in furtherance of, any conduct de23 scribed in paragraphs (1) through (13).’’. 


SRADOVICH on DSK3GMQ082PROD with BILLS
5 

•S 585 RS

1 SEC. 104. DISCIPLINE OF SUPERVISORS BASED ON RETAL2 IATION AGAINST WHISTLEBLOWERS. 

3 (a) IN GENERAL.—Subchapter II of chapter 75 of 

4 title 5, United States Code, is amended by adding at the 

5 end the following: 

6 ‘‘§ 7515. Discipline of supervisors based on retaliation 

7 against whistleblowers 

8 ‘‘(a) DEFINITIONS.—In this section— 

9 ‘‘(1) the term ‘agency’— 

10 ‘‘(A) except as provided in subparagraph 

11 (B), means an entity that is an agency, as de12 fined under section 2302, without regard to 

13 whether any other provision of this chapter is 

14 applicable to the entity; and 

15 ‘‘(B) does not include any entity that is an 

16 element of the intelligence community, as de17 fined in section 3(4) of the National Security 

18 Act of 1947 (50 U.S.C. 3003(4)); 

19 ‘‘(2) the term ‘prohibited personnel action’ 

20 means taking or failing to take an action in violation 

21 of paragraph (8), (9), or (14) of section 2302(b) 

22 against an employee of an agency; and 

23 ‘‘(3) the term ‘supervisor’ means an employee 

24 who would be a supervisor, as defined under section 

25 7103(a), if the entity employing the employee was 

26 an agency. 


SRADOVICH on DSK3GMQ082PROD with BILLS
6 

•S 585 RS

1 ‘‘(b) PROPOSED DISCIPLINARY ACTIONS.— 

2 ‘‘(1) IN GENERAL.—If the head of the agency 

3 employing a supervisor, an administrative law judge, 

4 the Merit Systems Protection Board, the Special 

5 Counsel, a judge of the United States, or the Inspec6 tor General of the agency employing a supervisor de7 termines that the supervisor has committed a pro8 hibited personnel action, the head of the agency em9 ploying the supervisor, in accordance with the proce10 dures required under paragraph (2)— 

11 ‘‘(A) for the first prohibited personnel ac12 tion committed by a supervisor— 

13 ‘‘(i) shall propose suspending the su14 pervisor for a period of not less than 3 

15 days; and 

16 ‘‘(ii) may, in addition to a suspension 

17 described in clause (i), propose any other 

18 action, including a reduction in grade or 

19 pay, that the head of the agency deter20 mines appropriate; and 

21 ‘‘(B) for the second prohibited personnel 

22 action committed by a supervisor, shall propose 

23 removing the supervisor. 

24 ‘‘(2) PROCEDURES.— 


SRADOVICH on DSK3GMQ082PROD with BILLS
7 

•S 585 RS

1 ‘‘(A) NOTICE.—A supervisor against whom 

2 an action is proposed to be taken under para3 graph (1) is entitled to written notice— 

4 ‘‘(i) stating the specific reasons for 

5 the proposed action; and 

6 ‘‘(ii) informing the supervisor of the 

7 right of the supervisor to review the mate8 rial which is relied on to support the rea9 sons for the proposed action. 

10 ‘‘(B) ANSWER AND EVIDENCE.— 

11 ‘‘(i) IN GENERAL.—A supervisor who 

12 is notified under subparagraph (A) that 

13 the supervisor is the subject of a proposed 

14 action under paragraph (1) is entitled to 

15 14 days following such notification to an16 swer and furnish evidence in support of the 

17 answer. 

18 ‘‘(ii) NO EVIDENCE FURNISHED; IN19 SUFFICIENT EVIDENCE.—After the end of 

20 the 14-day period described in clause (i), if 

21 a supervisor does not furnish evidence as 

22 described in clause (i) or if the head of the 

23 agency determines that such evidence is 

24 not sufficient to reverse the proposed acVerDate Sep 11 2014 21:26 May 04, 2017 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S585.RS S585

SRADOVICH on DSK3GMQ082PROD with BILLS
8 

•S 585 RS

1 tion, the head of the agency shall carry out 

2 the action. 

3 ‘‘(C) SCOPE OF PROCEDURES.—An action 

4 carried out under this section— 

5 ‘‘(i) except as provided in clause (ii), 

6 shall be subject to the same requirements 

7 and procedures (including regarding ap8 peals) as an action under section 7503, 

9 7513, or 7543; and 

10 ‘‘(ii) shall not be subject to— 

11 ‘‘(I) paragraphs (1) and (2) of 

12 section 7503(b); 

13 ‘‘(II) paragraphs (1) and (2) of 

14 subsection (b) and subsection (c) of 

15 section 7513; or 

16 ‘‘(III) paragraphs (1) and (2) of 

17 subsection (b) and subsection (c) of 

18 section 7543. 

19 ‘‘(3) DELEGATION.— 

20 ‘‘(A) IN GENERAL.—Except as provided in 

21 paragraph (B), the head of an agency may dele22 gate any authority or responsibility under this 

23 subsection. 

24 ‘‘(B) NONDELEGABILITY OF DETERMINA25 TION REGARDING PROHIBITED PERSONNEL ACVerDate Sep 11 2014 21:26 May 04, 2017 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S585.RS S585

SRADOVICH on DSK3GMQ082PROD with BILLS
9 

•S 585 RS

1 TION.—If the head of an agency is responsible 

2 for determining whether a supervisor has com3 mitted a prohibited personnel action for pur4 poses of paragraph (1), the head of the agency 

5 may not delegate that responsibility.’’. 

6 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

7 The table of sections for subchapter II of chapter 75 of 

8 title 5, United States Code, is amended by adding at the 

9 end the following: 

‘‘7515. Discipline of supervisors based on retaliation against whistleblowers.’’. 

10 SEC. 105. SUICIDE BY EMPLOYEES. 

11 (a) REFERRAL.—The head of an agency shall refer 

12 to the Special Counsel, along with any information known 

13 to the agency regarding the circumstances described in 

14 paragraphs (2) and (3), any instance in which the head 

15 of the agency has information indicating— 

16 (1) an employee of the agency committed sui17 cide; 

18 (2) prior to the death of the employee, the em19 ployee made any disclosure of information which rea20 sonably evidences— 

21 (A) any violation of any law, rule, or regu22 lation; or 

23 (B) gross mismanagement, a gross waste 

24 of funds, an abuse of authority, or a substantial 


SRADOVICH on DSK3GMQ082PROD with BILLS
10 

•S 585 RS

1 and specific danger to public health or safety; 

2 and 

3 (3) after a disclosure described in paragraph 

4 (2), a personnel action was taken against the em5 ployee. 

6 (b) OFFICE OF SPECIAL COUNSEL REVIEW.—For 

7 any referral to the Special Counsel under subsection (a), 

8 the Special Counsel shall— 

9 (1) examine whether any personnel action was 

10 taken because of any disclosure of information de11 scribed in subsection (a)(2); and 

12 (2) take any action the Special Counsel deter13 mines appropriate under subchapter II of chapter 12 

14 of title 5, United States Code. 

15 SEC. 106. TRAINING FOR SUPERVISORS. 

16 In consultation with the Special Counsel and the In17 spector General of the agency (or senior ethics official of 

18 the agency for an agency without an Inspector General), 

19 the head of each agency shall provide training regarding 

20 how to respond to complaints alleging a violation of whis21 tleblower protections (as defined in section 2307 of title 

22 5, United States Code, as added by section 107) available 

23 to employees of the agency— 


SRADOVICH on DSK3GMQ082PROD with BILLS
11 

•S 585 RS

1 (1) to employees appointed to supervisory posi2 tions in the agency who have not previously served 

3 as a supervisor; and 

4 (2) on an annual basis, to all employees of the 

5 agency serving in a supervisory position. 

6 SEC. 107. INFORMATION ON WHISTLEBLOWER PROTEC7 TIONS. 

8 (a) EXISTING PROVISION.— 

9 (1) IN GENERAL.—Section 2302 of title 5, 

10 United States Code, is amended— 

11 (A) by striking subsection (c); and 

12 (B) by redesignating subsections (d), (e), 

13 and (f) as subsections (c), (d), and (e), respec14 tively. 

15 (2) TECHNICAL AND CONFORMING AMEND16 MENTS.— 

17 (A) Section 4505a(b)(2) of title 5, United 

18 States Code, is amended by striking ‘‘section 

19 2302(d)’’ and inserting ‘‘section 2302(c)’’. 

20 (B) Section 5755(b)(2) of title 5, United 

21 States Code, is amended by striking ‘‘section 

22 2302(d)’’ and inserting ‘‘section 2302(c)’’. 

23 (C) Section 110(b)(2) of the Whistleblower 

24 Protection Enhancement Act of 2012 (5 U.S.C. 

25 2302 note) is amended by striking ‘‘section 


SRADOVICH on DSK3GMQ082PROD with BILLS
12 

•S 585 RS

1 2303(f)(1) 2302(f)(1) or (2)’’ and inserting 

2 ‘‘section 2303(e)(1) 2302(e)(1) or (2)’’. 

3 (D) Section 704 of the Homeland Security 

4 Act of 2002 (6 U.S.C. 344) is amended by 

5 striking ‘‘2302(c)’’ each place it appears and 

6 inserting ‘‘2307’’. 

7 (ED) Section 1217(d)(3) of the Panama 

8 Canal Act of 1979 (22 U.S.C. 3657(d)(3)) is 

9 amended by striking ‘‘section 2302(d)’’ and in10 serting ‘‘section 2302(c)’’. 

11 (FE) Section 1233(b) of the Panama 

12 Canal Act of 1979 (22 U.S.C. 3673(b)) is 

13 amended by striking ‘‘section 2302(d)’’ and in14 serting ‘‘section 2302(c)’’. 

15 (b) PROVISION OF INFORMATION.—Chapter 23 of 

16 title 5, United States Code, is amended by adding at the 

17 end the following: 

18 ‘‘§ 2307. Information on whistleblower protections 

19 ‘‘(a) DEFINITIONS.—In this section— 

20 ‘‘(1) the term ‘agency’— 

21 ‘‘(A) except as provided in subparagraph 

22 (B), has the meaning given that term in section 

23 2302; and 

24 ‘‘(B) does not include any entity that is an 

25 element of the intelligence community, as deVerDate Sep 11 2014 21:26 May 04, 2017 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S585.RS S585

SRADOVICH on DSK3GMQ082PROD with BILLS
13 

•S 585 RS

1 fined in section 3(4) of the National Security 

2 Act of 1947 (50 U.S.C. 3003(4)); 

3 ‘‘(2) the term ‘new employee’ means an indi4 vidual— 

5 ‘‘(A) appointed to a position as an em6 ployee of an agency on or after the date of en7 actment of the Dr. Chris Kirkpatrick Whistle8 blower Protection Act of 2017; and 

9 ‘‘(B) who has not previously served as an 

10 employee; and 

11 ‘‘(3) the term ‘whistleblower protections’ means 

12 the protections against and remedies for a prohibited 

13 personnel practice described in paragraph (8), sub14 paragraph (A)(i), (B), (C), or (D) of paragraph (9), 

15 or paragraph (14) of section 2302(b). 

16 ‘‘(b) RESPONSIBILITIES OF HEAD OF AGENCY.—The 

17 head of each agency shall be responsible for the prevention 

18 of prohibited personnel practices, for the compliance with 

19 and enforcement of applicable civil service laws, rules, and 

20 regulations, and other aspects of personnel management, 

21 and for ensuring (in consultation with the Special Counsel 

22 and the Inspector General of the agency) that employees 

23 of the agency are informed of the rights and remedies 

24 available to them under this chapter and chapter 12, in25 cluding— 


SRADOVICH on DSK3GMQ082PROD with BILLS
14 

•S 585 RS

1 ‘‘(1) information regarding whistleblower pro2 tections available to new employees during the pro3 bationary period; 

4 ‘‘(2) the role of the Office of Special Counsel 

5 and the Merit Systems Protection Board with regard 

6 to whistleblower protections; and 

7 ‘‘(3) how to make a lawful disclosure of infor8 mation that is specifically required by law or Execu9 tive order to be kept classified in the interest of na10 tional defense or the conduct of foreign affairs to the 

11 Special Counsel, the Inspector General of an agency, 

12 Congress, or other agency employee designated to 

13 receive such disclosures. 

14 ‘‘(c) TIMING.—The head of each agency shall ensure 

15 that the information required to be provided under sub16 section (b) is provided to each new employee of the agency 

17 not later than 6 months after the date the new employee 

18 begins performing service as an employee. 

19 ‘‘(d) INFORMATION ONLINE.—The head of each 

20 agency shall make available information regarding whistle21 blower protections applicable to employees of the agency 

22 on the public website of the agency, and on any online 

23 portal that is made available only to employees of the 

24 agency if one exists. 


SRADOVICH on DSK3GMQ082PROD with BILLS
15 

•S 585 RS

1 ‘‘(e) DELEGEES.—Any employee to whom the head 

2 of an agency delegates authority for personnel manage3 ment, or for any aspect thereof, shall, within the limits 

4 of the scope of the delegation, be responsible for the activi5 ties described in subsection (b).’’. 

6 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

7 The table of sections for chapter 23 of title 5, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

‘‘2307. Information on whistleblower protections.’’. 

10 TITLE II—DEPARTMENT OF 

11 VETERANS AFFAIRS EMPLOYEES 

12 SEC. 201. PREVENTION OF UNAUTHORIZED ACCESS TO 

13 MEDICAL RECORDS OF EMPLOYEES OF THE 

14 DEPARTMENT OF VETERANS AFFAIRS. 

15 (a) DEVELOPMENT OF PLAN.— 

16 (1) IN GENERAL.—Not later than 180 days 

17 after the date of the enactment of this Act, the Sec18 retary of Veterans Affairs shall— 

19 (A) develop a plan to prevent access to the 

20 medical records of employees of the Department 

21 of Veterans Affairs by employees of the Depart22 ment who are not authorized to access such 

23 records; 


SRADOVICH on DSK3GMQ082PROD with BILLS
16 

•S 585 RS

1 (B) submit to the appropriate committees 

2 of Congress the plan developed under subpara3 graph (A); and 

4 (C) upon request, provide a briefing to the 

5 appropriate committees of Congress with re6 spect to the plan developed under subparagraph 

7 (A). 

8 (2) ELEMENTS.—The plan required under 

9 paragraph (1) shall include the following: 

10 (A) A detailed assessment of strategic 

11 goals of the Department for the prevention of 

12 unauthorized access to the medical records of 

13 employees of the Department. 

14 (B) A list of circumstances in which an 

15 employee of the Department who is not a health 

16 care provider or an assistant to a health care 

17 provider would be authorized to access the med18 ical records of another employee of the Depart19 ment. 

20 (C) Steps that the Secretary will take to 

21 acquire new or implement existing technology to 

22 prevent an employee of the Department from 

23 accessing the medical records of another em24 ployee of the Department without a specific 

25 need to access such records. 


SRADOVICH on DSK3GMQ082PROD with BILLS
17 

•S 585 RS

1 (D) Steps the Secretary will take, includ2 ing plans to issue new regulations, as necessary, 

3 to ensure that an employee of the Department 

4 may not access the medical records of another 

5 employee of the Department for the purpose of 

6 retrieving demographic information if that de7 mographic information is available to the em8 ployee in another location or through another 

9 format. 

10 (E) A proposed timetable for the imple11 mentation of such plan. 

12 (F) An estimate of the costs associated 

13 with implementing such plan. 

14 (b) APPROPRIATE COMMITTEES OF CONGRESS DE15 FINED.—In this section, the term ‘‘appropriate commit16 tees of Congress’’ means— 

17 (1) the Committee on Homeland Security and 

18 Governmental Affairs and the Committee on Vet19 erans’ Affairs of the Senate; and 

20 (2) the Committee on Oversight and Govern21 ment Reform and the Committee on Veterans’ Af22 fairs of the House of Representatives. 


SRADOVICH on DSK3GMQ082PROD with BILLS
18 

•S 585 RS

1 SEC. 202. OUTREACH ON AVAILABILITY OF MENTAL 

2 HEALTH SERVICES AVAILABLE TO EMPLOY3 EES OF THE DEPARTMENT OF VETERANS AF4 FAIRS. 

5 The Secretary of Veterans Affairs shall conduct a 

6 program of outreach to employees of the Department of 

7 Veterans Affairs to inform those employees of any mental 

8 health services, including telemedicine options, that are 

9 available to them. 

10 SEC. 203. PROTOCOLS TO ADDRESS THREATS AGAINST EM11 PLOYEES OF THE DEPARTMENT OF VET12 ERANS AFFAIRS. 

13 The Secretary of Veterans Affairs shall ensure proto14 cols are in effect to address threats from individuals re15 ceiving health care from the Department of Veterans Af16 fairs directed towards employees of the Department who 

17 are providing such health care. 

18 SEC. 204. COMPTROLLER GENERAL OF THE UNITED 

19 STATES STUDY ON ACCOUNTABILITY OF 

20 CHIEFS OF POLICE OF DEPARTMENT OF VET21 ERANS AFFAIRS MEDICAL CENTERS. 

22 The Comptroller General of the United States shall 

23 conduct a study to assess the reporting, staffing, account24 ability, and chain of command structure of the Depart25 ment of Veterans Affairs police officers at medical centers 

26 of the Department. 


SRADOVICH on DSK3GMQ082PROD with BILLS

SRADOVICH on DSK3GMQ082PROD with BILLS
Calendar No. 57 

115TH CONGRESS 

1ST SESSION S. 585 

[Report No. 115–44] 

A BILL 

To provide greater whistleblower protections for 

and for other purposes. supervisors who retaliate against whistleblowers, countability and required discipline for Federal eral whistleblower protections, and increased acFederal employees, increased awareness of FedMAY 4, 2017 

Reported with amendments 


SRADOVICH on DSK3GMQ082PROD with BILLS