Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017

Bill: 115-s-585
Sponsor: Sen. Johnson, Ron [R-WI]
Introduced: 2017-03-08 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
Fraud offenses and financial crimes
Government employee pay, benefits, personnel management
Government information and archives
Government studies and investigations
Health information and medical records
Intelligence activities, surveillance, classified information
Law enforcement officers
Mental health
Merit Systems Protection Board
Office of Special Counsel
Veterans' medical care

Summary:
action_date: 2017-03-08
text: 

Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017

 
 This bill directs federal agencies (excluding any entity that is an element of the intelligence community) to give priority to an employee transfer request if the Merit Systems Protection Board (MSPB) 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 such employee is in probationary status and seeks corrective action.
 
The bill: (1) prohibits any employee who has the authority to take a personnel action to access the medical records of another employee or applicant for employment, (2) authorizes disciplinary action against supervisors for retaliation against whistleblowers.
 
 Agencies must: (1) refer information about employee suicides to the OSC, (2) train supervisors on responding to complaints alleging whistleblower protections violations, (3) provide information regarding whistleblower protections to new employees during probationary periods, (4) inform employees of the role of the OSC and the MSPB with regard to whistleblower protection, and (5) make information about such protections available on agency websites.
 
The Department of Veterans Affairs (VA) must: (1) submit a plan to prevent unauthorized access to the medical records of VA employees; (2) conduct an outreach program to inform its employees of available mental health services, including telemedicine options; and (3) ensure protocols are in effect to address threats against VA employees providing health care.
 
The Government Accountability Office shall assess the reporting, staffing, accountability, and chain of command structure of VA police officers at VA medical centers.

action_date: 2017-05-04
text: 

Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017

 
TITLE I--EMPLOYEES GENERALLY
 
 (Sec. 102) This bill directs federal agencies (excluding any entity that is an element of the intelligence community) to give priority to an employee transfer request if the Merit Systems Protection Board (MSPB) 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 such employee is in probationary status and seeks corrective action.
 
The Government Accountability Office (GAO) shall report to Congress on retaliation against employees in probationary status.
 
(Sec. 103) The bill: (1) prohibits any employee who has the authority to take a personnel action to access the medical records of another employee or applicant for employment, and (2) authorizes disciplinary action against supervisors for retaliation against whistle-blowers.
 
 (Sec. 105) Agencies must: (1) refer information about employee suicides to the OSC, (2) train supervisors on responding to complaints alleging whistle-blower protections violations, (3) provide information regarding whistle-blower protections to new employees during probationary periods, (4) inform employees of the role of the OSC and the MSPB with regard to whistle-blower protection, and (5) make information about such protections available on agency websites.
 
TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES
 
(Sec. 201) The Department of Veterans Affairs (VA) must: (1) submit a plan to prevent unauthorized access to the medical records of VA employees; (2) conduct an outreach program to inform its employees of available mental health services, including telemedicine options; and (3) ensure protocols are in effect to address threats against VA employees providing health care.
 
(Sec. 204) The Government Accountability Office shall assess the reporting, staffing, accountability, and chain of command structure of VA police officers at VA medical centers.

action_date: 2017-05-25
text: 
(This measure has not been amended since it was reported to the Senate on May 4, 2017. The summary of that version is repeated here.)
 

Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017

 
TITLE I--EMPLOYEES GENERALLY
 
(Sec. 102) This bill directs federal agencies (excluding any entity that is an element of the intelligence community) to give priority to an employee transfer request if the Merit Systems Protections Board (MSPB) 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 report to Congress on retaliation against employees in probationary status.
 
(Sec. 103) The bill: (1) prohibits any employee who has the authority to take a personnel action to access the medical records of another employee or applicant for employment, and (2) authorizes disciplinary action against supervisors for retaliation against whistle-blowers.
 
(Sec. 105) Agencies must: (1) refer information about employee suicides to the OSC, (2) train supervisors on responding to complaints alleging whistle-blower protections violations, (3) provide information regarding whistle-blower protections to new employees during probationary periods, (4) inform employees of the role of the OSC and the MSPB with regard to whistle-blower protection, and (5) make information about such protections available on agency websites.
 
TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES
 
(Sec. 201) The Department of Veterans Affairs (VA) must: (1) submit a plan to prevent unauthorized access to the medical records of VA employees; (2) conduct an outreach program to inform its employees of available mental health services, including telemedicine options; and (3) ensure protocols are in effect to address threats against VA employees providing health 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.

action_date: 2017-10-26
text: 

Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017

 
TITLE I--EMPLOYEES GENERALLY
 
(Sec. 102) This bill directs federal agencies (excluding any entity that is an element of the intelligence community) to give priority to an employee transfer request if the Merit Systems Protections Board (MSPB) 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 report to Congress on retaliation against employees in probationary status.
 
(Sec. 103) The bill prohibits any employee who has the authority to take, direct others to take, recommend, or approve of any personnel action to access the medical records of another employee or applicant for employment.
 
(Sec. 104) Agencies employing a supervisor who has committed a prohibited personnel action may propose: (1) a suspension of not less than three days, (2) a reduction in grade or pay, and (3) removal from the position. A supervisor must receive written notice specifying the reasons for the proposed action and the right of the supervisor to review the material which is relied on to support the reasons for the proposed action. A supervisor is entitled to 14 days following the notice to answer and furnish evidence in support of the answer.
 
(Sec. 105) Agencies must refer information about employee suicides to the OSC indicating whether, prior to the death of the employee, any disclosure of information was made evidencing: (1) a violation of any law, rule, or regulation; (2) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial danger to public health or safety; or (3) whether any personnel action was taken against the employee as a result.
 
(Sec. 106) Agencies must provide training on how to respond to complaints alleging a violation of whistle-blower protections to: (1) any employee appointed to a supervisory position in the agency who has not previously served as a supervisor; and (2) on an annual basis, to all employees serving in a supervisory position.
 
(Sec. 107) Agencies must: (1) provide information regarding whistle-blower protections to new employees during probationary periods, (2) inform employees of the role of the OSC and the MSPB with regard to whistle-blower protection, and (3) make information about such protections available on agency websites.
 
TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES
 
(Sec. 201) The Department of Veterans Affairs (VA) must submit a plan to Congress on efforts to prevent any unauthorized access to the medical records of VA employees. 
 
(Sec. 202) The VA must conduct an outreach program to inform its employees of any mental health services, including telemedicine options.
 
(Sec. 203) The VA must ensure protocols are in effect to address threats against VA employees providing health care.
 
(Sec. 204) The GAO shall conduct a study to assess the reporting, staffing, accountability, and chain of command structure of the VA police officers at VA medical centers.


Legislative actions:
action_date: 2017-10-26
text: Signed by President.
action_date: 2017-10-26
text: Signed by President.
action_date: 2017-10-24
text: Presented to President.
action_date: 2017-10-24
text: Presented to President.
action_date: 2017-10-12
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2017-10-12
text: On passage Passed by recorded vote: 420 - 0 (Roll no. 568). (text: CR H7989)
action_date: 2017-10-12
text: Passed/agreed to in House: On passage Passed by recorded vote: 420 - 0 (Roll no. 568).(text: CR H7989)
action_date: 2017-10-12
text: On motion to recommit with instructions Failed by the Yeas and Nays: 190 - 232 (Roll no. 567).
action_date: 2017-10-12
text: Considered as unfinished business. (consideration: CR H8010-8012)
action_date: 2017-10-12
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the O'Halleran motion to recommit, the Chair put the question on the motion, and by voice vote, announced that the noes had prevailed. Mr. O'Halleran demanded the yeas and nays and the Chair postponed further proceedings on the motion to recommit until a time to be announced.
action_date: 2017-10-12
text: The previous question on the motion to recommit with instructions was ordered without objection.
action_date: 2017-10-12
text: DEBATE - The House proceeded with 10 minutes of debate on the O'Halleran motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House forthwith with an amendment to add a new section at the end of title I related to Disclosure of Violations Relating to Air Transportation.
action_date: 2017-10-12
text: Mr. O'Halleran moved to recommit with instructions to the Committee on Oversight and Government Reform. (text: CR H8003)
action_date: 2017-10-12
text: The previous question was ordered pursuant to the rule.
action_date: 2017-10-12
text: DEBATE - The House proceeded with one hour of debate on S. 585.
action_date: 2017-10-12
text: Rule provides for consideration of S. 585 with 1 hour of general debate. Bill is closed to amendments. The resolution provides for proceedings during the period from October 16, 2017, through October 20, 2017; and provides for consideration of motions to suspend the rules.
action_date: 2017-10-12
text: Considered under the provisions of rule H. Res. 562. (consideration: CR H7998-8004)
action_date: 2017-10-11
text: Rule H. Res. 562 passed House.
action_date: 2017-10-10
text: Rules Committee Resolution H. Res. 562 Reported to House. Rule provides for consideration of S. 585 with 1 hour of general debate. Bill is closed to amendments. The resolution provides for proceedings during the period from October 16, 2017, through October 20, 2017; and provides for consideration of motions to suspend the rules.
action_date: 2017-05-26
text: Referred to the Subcommittee on Economic Opportunity.
action_date: 2017-05-26
text: Subcommittee on Oversight and Investigations Discharged.
action_date: 2017-05-26
text: Referred to the Subcommittee on Oversight and Investigations.
action_date: 2017-05-26
text: 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.
action_date: 2017-05-26
text: 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.
action_date: 2017-05-26
text: Received in the House.
action_date: 2017-05-25
text: Message on Senate action sent to the House.
action_date: 2017-05-25
text: Passed Senate with amendments by Unanimous Consent. (consideration: CR S3190; text as passed Senate: CR S3192-3194)
action_date: 2017-05-25
text: Passed/agreed to in Senate: Passed Senate with amendments by Unanimous Consent.(consideration: CR S3190; text as passed Senate: CR S3192-3194)
action_date: 2017-05-04
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 57.
action_date: 2017-05-04
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with amendments. With written report No. 115-44.
action_date: 2017-05-04
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with amendments. With written report No. 115-44.
action_date: 2017-03-15
text: Committee on Homeland Security and Governmental Affairs. Ordered to be reported with amendments favorably.
action_date: 2017-03-08
text: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2017-03-08
text: Introduced in Senate

Enacted as: number: 115-73