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
PL 115-73 (S.585), enacted 10/26/2017

131 STAT. 1235 
PUBLIC LAW 115–73—OCT. 26, 2017 
Public Law 115–73 
115th Congress 
An Act 
To provide greater whistleblower protections for Federal employees, increased aware-
ness of Federal whistleblower protections, and increased accountability and re-
quired 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 Vet-
erans 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)); 
5 USC 1212 note. 
5 USC 101 note. 
Dr. Chris 
Kirkpatrick 
Whistleblower 
Protection Act of 
2017. 
Oct. 26, 2017 
[S. 585] 
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131 STAT. 1236 
PUBLIC LAW 115–73—OCT. 26, 2017 
(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 fol-
lowing: 
‘‘(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 Govern-
ment 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: 
‘‘§ 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 
5 USC 7515. 
Reports. 
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131 STAT. 1237 
PUBLIC LAW 115–73—OCT. 26, 2017 
‘‘(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 com-
mitted by a supervisor, shall propose removing the super-
visor. 
‘‘(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 EVI-
DENCE.—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. 
Time period. 
Time period. 
Determinations. 
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131 STAT. 1238 
PUBLIC LAW 115–73—OCT. 26, 2017 
‘‘(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 per-
sonnel 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 appro-
priate 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 sec-
tion 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 
Consultation. 
5 USC 2301 note. 
5 USC 1212 note. 
5 USC 
prec. 7501. 
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131 STAT. 1239 
PUBLIC LAW 115–73—OCT. 26, 2017 
(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 ‘‘sec-
tion 2302(c)’’. 
(B) Section 5755(b)(2) of title 5, United States Code, 
is amended by striking ‘‘section 2302(d)’’ and inserting ‘‘sec-
tion 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: 
‘‘§ 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 protec-
tions 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 per-
sonnel 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 rem-
edies available to them under this chapter and chapter 12, 
including— 
‘‘(1) information regarding whistleblower protections avail-
able 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 protec-
tions; 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 
Consultation. 
5 USC 2307. 
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131 STAT. 1240 
PUBLIC LAW 115–73—OCT. 26, 2017 
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 VET-
ERANS 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 
Lists. 
Assessment. 
Briefing. 
Deadline. 
Deadline. 
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131 STAT. 1241 
PUBLIC LAW 115–73—OCT. 26, 2017 
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 imple-
menting 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 Govern-
mental 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 Rep-
resentatives. 
SEC. 202. OUTREACH ON AVAILABILITY OF MENTAL HEALTH SERVICES 
AVAILABLE TO EMPLOYEES OF THE DEPARTMENT OF VET-
ERANS 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 DEPART-
MENT OF VETERANS AFFAIRS MEDICAL CENTERS. 
The Comptroller General of the United States shall conduct 
a study to assess the reporting, staffing, accountability, and chain 
Assessment. 
38 USC 703 note. 
38 USC 703 note. 
Estimate. 
Regulations. 
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131 STAT. 1242 
PUBLIC LAW 115–73—OCT. 26, 2017 
LEGISLATIVE HISTORY—S. 585: 
SENATE REPORTS: No. 115–44 (Comm. on Homeland Security and Governmental 
Affairs). 
CONGRESSIONAL RECORD, Vol. 163 (2017): 
May 25, considered and passed Senate. 
Oct. 12, considered and passed House. 
of command structure of the Department of Veterans Affairs police 
officers at medical centers of the Department. 
Approved October 26, 2017. 
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