Dr. Chris Kirkpatrick Whistleblower Protection Act of 2015

Bill: 114-s-2127
Sponsor: Sen. Johnson, Ron [R-WI]
Introduced: 2015-10-01 in the Senate
Policy area: Government Operations and Politics
Subjects: Administrative remedies
Congressional oversight
Department of Veterans Affairs
Employee performance
Employment discrimination and employee rights
Executive agency funding and structure
Government employee pay, benefits, personnel management
Government ethics and transparency, public corruption
Government studies and investigations
Health facilities and institutions
Health information and medical records
Health personnel
Law enforcement officers
Mental health
Personnel records
Right of privacy
Veterans' medical care

Summary:
action_date: 2015-10-01
text: 

Dr. Chris Kirkpatrick Whistleblower Protection Act of 2015

 
This bill directs the Special Counsel: (1) within 10 days after a federal agency terminates a probationary employee who has submitted an allegation of a prohibited personnel practice, to determine whether a substantial likelihood exists that the agency engaged in such practice and that the termination was related; (2) upon determining such likelihood exists, to request the Merit Systems Protection Board (MSPB) to order a stay of the termination for 60 days (and up to an additional 6 months) to complete an investigation; (3) upon determining that the employee's termination was related to such a practice, to request the MSPB to order reinstatement of such employee; and (4) upon determining that the agency did not engage in such a practice or that the employee's termination was not related to such a practice, to request the MSPB to order the immediate enforcement of the termination. An agency must give priority to a request for a transfer submitted by an employee granted such a stay or reinstated. 
 
The Special Counsel, in carrying out duties to protect employees and applicants, is authorized to: (1) have access to all material available to an agency that relates to a matter within the Special Counsel's jurisdiction, and (2) request necessary information or assistance from any agency.
 
The bill: (1) authorizes an agency to remove or demote an employee upon determining that the employee retaliated against a whistleblower; (2) provides for the appeal of such removal or demotion; (3) requires an agency to take specified actions to determine whether the suicide of an employee was work-related; (4) prohibits an executive branch employee from accessing the medical records of another employee without that employee's consent, except in an emergency situation; and (5) requires executive agencies to provide training to supervisors regarding how to respond to complaints alleging a violation of whistleblower protections.
 
Each agency must: (1) provide each new employee information regarding whistleblower protections and the role of the Special Counsel, and (2) make information about such protections available on an online portal.
 
The Department of Veterans Affairs (VA) must notify a VA employee not later than five days after another VA employee accesses such employee's medical record. An employee who believes his or her medical record was accessed in violation of federal privacy law must file a complaint with the Office of Accountability Review, which must then determine whether such a violation occurred and take specified actions against the violator.
 
The VA must: (1) conduct a program of outreach to inform its employees of available mental health services, (2) assess the feasibility of using mental health professionals who provide mental health services for the VA to provide mental health services to its employees, and (3) develop protocols to address threats from individuals receiving VA health care directed towards VA employees who are providing such care.
 
The Government Accountability Office shall assess the reporting, accountability, and chain of command structure of the VA police officers at VA medical centers.

action_date: 2016-05-26
text: 

Dr. Chris Kirkpatrick Whistleblower Protection Act of 2015

 
TITLE I--EMPLOYEES GENERALLY
 
(Sec. 102) This bill directs federal agencies to give priority to a request for a transfer submitted by an employee if the Merit Systems Protections Board (MSPD) grants a stay of a personnel action at the request of: (1) the Office of Special Counsel (OSC) if the OSC determines the personnel action was taken, or is to be taken, as a result of a prohibited personnel practice; or (2) the employee if the individual is in probationary status and seeks corrective action.
 
The Government Accountability Office (GAO) shall submit a report about retaliation against employees in probationary status.
 
(Sec. 103) The OSC, in carrying out duties to protect employees and applicants, is authorized to: (1) have access to all material available to an agency that relates to a matter within the OSC's jurisdiction, and (2) request necessary information or assistance from any agency.
 
(Sec. 104) The bill prohibits federal employees with authority over personnel actions from accessing the medical records of another employee or applicant for employment in retaliation for the employee's or applicant's: (1) disclosure of information reasonably believed to evidence any violation of any law, rule, or regulation, gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; (2) disclosure to, or cooperation with, the OSC or an agency inspector general; (3) exercise of an appeal, complaint, or grievance right; (4) testimony for, or assistance to, an individual exercising such rights; or (5) refusal to obey an order or regulation that would require the individual to violate a law.
 
(Sec. 105) If an agency head, an administrative law judge, the MSPB, the OSC, an adjudicating body under a union contract, a federal judge, or an agency inspector general determines that a supervisor committed certain prohibited personnel actions against a whistleblower, the agency shall propose a minimum 12-day suspension for a first violation or removal for a second violation. An agency must carry out the suspension or removal if, after providing the supervisor an opportunity to answer and furnish evidence, the agency determines that the supervisor's evidence is insufficient to reverse the proposed suspension or removal.
 
(Sec. 106) Agencies must refer employee suicides to the OSC if: (1) prior to death, the employee made certain whistleblower disclosures; and (2) after the disclosure, a personnel action was taken against the employee. 
 
(Sec. 107) Agencies must train supervisors regarding how to respond to complaints alleging a violation of whistleblower protections.
 
(Sec. 108) Each agency must: (1) provide information regarding whistleblower protections to new employees during the probationary period, (2) inform employees of the role of the OSC and the MSPB with regard to whistleblower protection, and (3) make information about such protections available on the agency's website.
 
TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES
 
(Sec. 201) The Department of Veterans Affairs (VA) must submit a plan to prevent access to the medical records of VA employees by other VA employees who are not authorized to access such records. The plan must describe: (1) the circumstances in which a VA employee who is not a health care provider would be authorized to access such records, and (2) the steps the VA will take to ensure that a VA employee may not access such records to retrieve demographic information that is available in another location or through another format.
 
(Sec. 202) The VA must conduct an outreach program to inform its employees of available mental health services, including telemedicine options.
 
(Sec. 203) The VA must ensure protocols are in effect to address threats from individuals receiving VA health care directed towards VA employees who are providing such care.
 
(Sec. 204) The GAO shall assess the reporting, staffing, accountability, and chain of command structure of the VA police officers at VA medical centers.


Legislative actions:
action_date: 2016-05-26
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 499.
action_date: 2016-05-26
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute and an amendment to the title. With written report No. 114-262.
action_date: 2016-05-26
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute and an amendment to the title. With written report No. 114-262.
action_date: 2015-12-09
text: Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2015-10-01
text: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2015-10-01
text: Introduced in Senate