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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 585 Enrolled Bill (ENR)]

        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));
        (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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```