I 
115TH CONGRESS 
1ST SESSION H. R. 3042 
To provide greater whistleblower protections for Federal employees, increased 
awareness of Federal whistleblower protections, and increased account-
ability and required discipline for Federal supervisors who retaliate 
against whistleblowers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 23, 2017 
Mr. DUFFY introduced the following bill; which was 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 
A BILL 
To provide greater whistleblower protections for Federal em-
ployees, 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 Representa-
tives 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’’. 
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(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 employ-
ees 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 cen-
ters. 
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 de-
fined 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 de-
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(c) STUDY REGARDING RETALIATION AGAINST PRO-
BATIONARY EMPLOYEES.—The Comptroller General of 
the United States shall submit to the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate and the Committee on Oversight and Government Re-
form 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 fol-
lowing: 
‘‘(14) access the medical record of another em-
ployee or an applicant for employment as a part of, 
or otherwise in furtherance of, any conduct de-
scribed in paragraphs (1) through (13).’’. 
SEC. 104. DISCIPLINE OF SUPERVISORS BASED ON RETAL-
IATION 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: 
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‘‘§ 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 de-
fined 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 de-
fined 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 Inspec-
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tor General of the agency employing a supervisor de-
termines that the supervisor has committed a pro-
hibited personnel action, the head of the agency em-
ploying the supervisor, in accordance with the proce-
dures required under paragraph (2)— 
‘‘(A) for the first prohibited personnel ac-
tion committed by a supervisor— 
‘‘(i) shall propose suspending the su-
pervisor 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 deter-
mines 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 para-
graph (1) is entitled to written notice— 
‘‘(i) stating the specific reasons for 
the proposed action; and 
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‘‘(ii) informing the supervisor of the 
right of the supervisor to review the mate-
rial which is relied on to support the rea-
sons 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 an-
swer and furnish evidence in support of the 
answer. 
‘‘(ii) NO EVIDENCE FURNISHED; IN-
SUFFICIENT 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 ac-
tion, 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 
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and procedures (including regarding ap-
peals) 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 dele-
gate any authority or responsibility under this 
subsection. 
‘‘(B) NONDELEGABILITY OF DETERMINA-
TION REGARDING PROHIBITED PERSONNEL AC-
TION.—If the head of an agency is responsible 
for determining whether a supervisor has com-
mitted a prohibited personnel action for pur-
poses of paragraph (1), the head of the agency 
may not delegate that responsibility.’’. 
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(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 sui-
cide; 
(2) prior to the death of the employee, the em-
ployee made any disclosure of information which rea-
sonably evidences— 
(A) any violation of any law, rule, or regu-
lation; 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 em-
ployee. 
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(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 de-
scribed in subsection (a)(2); and 
(2) take any action the Special Counsel deter-
mines 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 In-
spector 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 whis-
tleblower 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 posi-
tions 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. 
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SEC. 107. INFORMATION ON WHISTLEBLOWER PROTEC-
TIONS. 
(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), respec-
tively. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.— 
(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 in-
serting ‘‘section 2302(c)’’. 
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(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 ‘‘sec-
tion 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 de-
fined in section 3(4) of the National Security 
Act of 1947 (50 U.S.C. 3003(4)); 
‘‘(2) the term ‘new employee’ means an indi-
vidual— 
‘‘(A) appointed to a position as an em-
ployee of an agency on or after the date of en-
actment of the Dr. Chris Kirkpatrick Whistle-
blower Protection Act of 2017; and 
‘‘(B) who has not previously served as an 
employee; and 
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‘‘(3) the term ‘whistleblower protections’ means 
the protections against and remedies for a prohibited 
personnel practice described in paragraph (8), sub-
paragraph (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, in-
cluding— 
‘‘(1) information regarding whistleblower pro-
tections available to new employees during the pro-
bationary 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 infor-
mation that is specifically required by law or Execu-
tive order to be kept classified in the interest of na-
tional defense or the conduct of foreign affairs to the 
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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 sub-
section (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 whistle-
blower 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 manage-
ment, or for any aspect thereof, shall, within the limits 
of the scope of the delegation, be responsible for the activi-
ties 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 fol-
lowing: 
‘‘2307. Information on whistleblower protections.’’. 
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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 Sec-
retary 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 Depart-
ment who are not authorized to access such 
records; 
(B) submit to the appropriate committees 
of Congress the plan developed under subpara-
graph (A); and 
(C) upon request, provide a briefing to the 
appropriate committees of Congress with re-
spect 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 
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(F) An estimate of the costs associated 
with implementing such plan. 
(b) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate commit-
tees of Congress’’ means— 
(1) the Committee on Homeland Security and 
Governmental Affairs and the Committee on Vet-
erans’ Affairs of the Senate; and 
(2) the Committee on Oversight and Govern-
ment Reform and the Committee on Veterans’ Af-
fairs of the House of Representatives. 
SEC. 
202. 
OUTREACH 
ON 
AVAILABILITY 
OF 
MENTAL 
HEALTH SERVICES AVAILABLE TO EMPLOY-
EES OF THE DEPARTMENT OF VETERANS AF-
FAIRS. 
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 EM-
PLOYEES OF THE DEPARTMENT OF VET-
ERANS AFFAIRS. 
The Secretary of Veterans Affairs shall ensure proto-
cols are in effect to address threats from individuals re-
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ceiving health care from the Department of Veterans Af-
fairs 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 VET-
ERANS AFFAIRS MEDICAL CENTERS. 
The Comptroller General of the United States shall 
conduct a study to assess the reporting, staffing, account-
ability, and chain of command structure of the Depart-
ment of Veterans Affairs police officers at medical centers 
of the Department. 
Æ 
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