[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2127 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 499
114th CONGRESS
  2d Session
                                S. 2127

                          [Report No. 114-262]

 To provide appropriate protections to probationary Federal employees, 
to provide the Special Counsel with adequate access to information, to 
provide greater awareness of Federal whistleblower protections, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 1, 2015

    Mr. Johnson (for himself, Ms. Ayotte, Mr. Kirk, and Mrs. Ernst) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

                              May 26, 2016

  Reported by Mr. Johnson, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To provide appropriate protections to probationary Federal employees, 
to provide the Special Counsel with adequate access to information, to 
provide greater awareness of Federal whistleblower protections, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Dr. Chris 
Kirkpatrick Whistleblower Protection Act of 2015''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
                 <DELETED>TITLE I--EMPLOYEES GENERALLY

<DELETED>Sec. 101. Definitions.
<DELETED>Sec. 102. Whistleblower protections for probationary 
                            employees.
<DELETED>Sec. 103. Adequate access of Special Counsel to information.
<DELETED>Sec. 104. Removal or demotion of employees based on 
                            retaliation against whistleblowers.
<DELETED>Sec. 105. Suicide by executive branch employees.
<DELETED>Sec. 106. Access to medical files.
<DELETED>Sec. 107. Training for supervisors.
<DELETED>Sec. 108. Information on whistleblower protections.
      <DELETED>TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES

<DELETED>Sec. 201. Protecting medical privacy of employees of the 
                            Department of Veterans Affairs.
<DELETED>Sec. 202. Mental health services for employees of the 
                            Department of Veterans Affairs.
<DELETED>Sec. 203. Protocols to address threats against employees of 
                            the Department of Veterans Affairs.
<DELETED>Sec. 204. Comptroller General of the United States study on 
                            accountability of chiefs of police of 
                            Department of Veterans Affairs medical 
                            centers.

            <DELETED>TITLE I--EMPLOYEES GENERALLY</DELETED>

<DELETED>SEC. 101. DEFINITIONS.</DELETED>

<DELETED>    In this title--</DELETED>
        <DELETED>    (1) the term ``Executive agency'' has the meaning 
        given that term under section 105 of title 5, United States 
        Code; and</DELETED>
        <DELETED>    (2) the term ``executive branch employee'' means 
        an employee of an Executive agency.</DELETED>

<DELETED>SEC. 102. WHISTLEBLOWER PROTECTIONS FOR PROBATIONARY 
              EMPLOYEES.</DELETED>

<DELETED>    (a) In General.--Section 1214 of title 5, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>    ``(i)(1) In this subsection, the term `covered 
probationary employee' means an individual who--</DELETED>
        <DELETED>    ``(A) is an employee in probationary status; 
        and</DELETED>
        <DELETED>    ``(B) has submitted to the Special Counsel an 
        allegation of a prohibited personnel practice described in 
        paragraph (8) or subparagraph (A)(i), (B), (C), or (D) of 
        paragraph (9) of section 2302(b) with respect to the 
        individual.</DELETED>
<DELETED>    ``(2) Not later than 10 days after the date on which an 
agency terminates a covered probationary employee, the Special Counsel 
shall determine whether a substantial likelihood exists that--
</DELETED>
        <DELETED>    ``(A) the agency engaged in the prohibited 
        personnel practice alleged by the covered probationary 
        employee, as described in paragraph (1)(B); and</DELETED>
        <DELETED>    ``(B) the termination of the covered probationary 
        employee was related to that prohibited personnel 
        practice.</DELETED>
<DELETED>    ``(3)(A) If the Special Counsel determines there is a 
substantial likelihood the circumstances described in paragraph (2) 
exist, the Special Counsel shall request and the Merit Systems 
Protection Board, without further proceedings, shall order a stay of 
the termination for 60 days for the Special Counsel to complete an 
investigation of the termination of the covered probationary 
employee.</DELETED>
<DELETED>    ``(B) If, before the end of the 60-day period described in 
subparagraph (A), the Special Counsel determines that additional 
investigation is warranted, the Special Counsel shall request and the 
Merit Systems Protection Board, without further proceedings, shall 
order a stay of the termination for such period as the Special Counsel 
determines appropriate, which may not exceed an additional period of 6 
months.</DELETED>
<DELETED>    ``(4)(A) If the Special Counsel determines that the agency 
employing a covered probationary employee engaged in the prohibited 
personnel practice alleged by the covered probationary employee, as 
described in paragraph (1)(B), and the termination of the covered 
probationary employee was related to that prohibited personnel 
practice, the Special Counsel shall request and the Merit Systems 
Protection Board, without further proceedings, shall order the 
reinstatement of the covered probationary employee.</DELETED>
<DELETED>    ``(B) If the Special Counsel determines that the agency 
employing a covered probationary employee did not engage in the 
prohibited personnel practice alleged by the covered probationary 
employee, described in paragraph (1)(B), or that the termination of the 
covered probationary employee was not related to that prohibited 
personnel practice, the Special Counsel shall request and the Merit 
Systems Protection Board, without further proceedings, shall order the 
immediate enforcement of the termination.</DELETED>
<DELETED>    ``(C) An order reinstating a covered probationary employee 
may be appealed by the agency to the Merit Systems Protection Board 
under section 7701.</DELETED>
<DELETED>    ``(5) If a stay is granted to a covered probationary 
employee under paragraph (3) or a covered probationary employee is 
reinstated under this subsection, the head of the agency employing the 
covered probationary employee shall give priority to a request for a 
transfer submitted by the covered probationary employee.''.</DELETED>
<DELETED>    (b) Individual Right of Action.--Section 1221 of title 5, 
United States Code, is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(k)(1) In this subsection, the term `covered 
probationary employee' has the meaning given that term under section 
1214(i)(1).</DELETED>
<DELETED>    ``(2) In this section, the term `employee' includes a 
covered probationary employee who is terminated, including for purposes 
of seeking a stay under subsection (c).</DELETED>
<DELETED>    ``(3) If the Merit Systems Protection Board grants a stay 
to a covered probationary employee under subsection (c), the head of 
the agency employing the covered probationary employee shall give 
priority to a request for a transfer submitted by the covered 
probationary employee.''.</DELETED>
<DELETED>    (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 relating to a disclosure by the 
employees of information described in section 2302(b)(8) of title 5, 
United States Code, by the employees.</DELETED>

<DELETED>SEC. 103. ADEQUATE ACCESS OF SPECIAL COUNSEL TO 
              INFORMATION.</DELETED>

<DELETED>    Section 1212(b) of title 5, United States Code, is amended 
by adding at the end the following:</DELETED>
<DELETED>    ``(5)(A) The Special Counsel, in carrying out this 
subchapter, is authorized to--</DELETED>
        <DELETED>    ``(i) have access to all records, reports, audits, 
        reviews, documents, papers, recommendations, or other material 
        available to the applicable agency which relate to a matter 
        within the jurisdiction or authority of the Special Counsel; 
        and</DELETED>
        <DELETED>    ``(ii) request from any agency such information or 
        assistance as may be necessary for carrying out the duties and 
        responsibilities of the Special Counsel under this 
        subchapter.</DELETED>
<DELETED>    ``(B) Upon request of the Special Counsel for information 
or assistance under subparagraph (A)(ii), the head of the agency 
involved shall, insofar as is practicable and not in contravention of 
any existing statutory restriction or regulation of the agency from 
which the information or assistance is requested, furnish to the 
Special Counsel such information or assistance.''.</DELETED>

<DELETED>SEC. 104. REMOVAL OR DEMOTION OF EMPLOYEES BASED ON 
              RETALIATION AGAINST WHISTLEBLOWERS.</DELETED>

<DELETED>    (a) In General.--Subchapter II of chapter 75 of title 5, 
United States Code, is amended by adding at the end the 
following:</DELETED>
<DELETED>``Sec. 7515. Removal or demotion of employees based on 
              retaliation against whistleblowers</DELETED>
<DELETED>    ``(a) Definition.--In this section, the term `retaliation 
against a whistleblower' means a prohibited personnel practice 
described in paragraph (8) or subparagraph (A)(i), (B), (C), or (D) of 
paragraph (9) of section 2302(b).</DELETED>
<DELETED>    ``(b) Removal or Demotion.--</DELETED>
        <DELETED>    ``(1) In general.--The head of an agency may 
        remove or demote an employee of the agency if the head of the 
        agency determines that the employee retaliated against a 
        whistleblower.</DELETED>
        <DELETED>    ``(2) Imposition of action.--If the head of an 
        agency removes or demotes an employee under this section, the 
        head of the agency may--</DELETED>
                <DELETED>    ``(A) remove the employee from the civil 
                service; or</DELETED>
                <DELETED>    ``(B) demote the employee by means of--
                </DELETED>
                        <DELETED>    ``(i) a reduction in grade for 
                        which the employee is qualified and that the 
                        head of the agency determines is appropriate; 
                        or</DELETED>
                        <DELETED>    ``(ii) a reduction in annual rate 
                        of pay that the head of the agency determines 
                        is appropriate.</DELETED>
<DELETED>    ``(c) Pay of Certain Demoted Employees.--</DELETED>
        <DELETED>    ``(1) In general.--Notwithstanding any other 
        provision of law, any employee subject to a demotion under 
        subsection (b)(2)(B)(i) shall, beginning on the date of the 
        demotion, receive the annual rate of pay applicable to the 
        applicable grade.</DELETED>
        <DELETED>    ``(2) Appeal.--An employee demoted under 
        subsection (b)(2)(B)(i) may not be placed on administrative 
        leave or any other category of paid leave during the period 
        during which an appeal (if any) under this section is 
        ongoing.</DELETED>
        <DELETED>    ``(3) Failure to report.--An employee demoted 
        under subsection (b)(2)(B)(i)--</DELETED>
                <DELETED>    ``(A) may only receive pay if the employee 
                reports for duty; and</DELETED>
                <DELETED>    ``(B) if the employee does not report for 
                duty, shall not receive pay or other benefits described 
                in subsection (f)(5).</DELETED>
<DELETED>    ``(d) Notice to Congress.--Not later than 30 days after 
removing or demoting an employee under subsection (b), the head of an 
agency shall submit to each committee of Congress with jurisdiction of 
the activities of the agency notice in writing of the removal or 
demotion and the reason for the removal or demotion.</DELETED>
<DELETED>    ``(e) Procedure.--</DELETED>
        <DELETED>    ``(1) In general.--The procedures under section 
        7513(b) and chapter 43, shall not apply to a removal or 
        demotion under this section.</DELETED>
        <DELETED>    ``(2) Appeal.--</DELETED>
                <DELETED>    ``(A) In general.--Subject to subparagraph 
                (B) and subsection (f), any removal or demotion under 
                subsection (b) may be appealed to the Merit Systems 
                Protection Board under section 7701.</DELETED>
                <DELETED>    ``(B) Time for making an appeal.--An 
                appeal under subparagraph (A) of a removal or demotion 
                may only be made if the appeal is made not later than 7 
                days after the date of the removal or 
                demotion.</DELETED>
<DELETED>    ``(f) Expedited Review by Administrative Law Judge.--
</DELETED>
        <DELETED>    ``(1) In general.--Upon receipt of an appeal under 
        subsection (e)(2)(A), the Merit Systems Protection Board shall 
        refer the appeal to an administrative law judge under section 
        7701(b)(1), who shall expedite the appeal and issue a decision 
        not later than 45 days after the date of the appeal.</DELETED>
        <DELETED>    ``(2) Finality of decision.--Notwithstanding any 
        other provision of law, including section 7703, the decision of 
        an administrative law judge under paragraph (1) shall be final 
        and shall not be subject to any further appeal.</DELETED>
        <DELETED>    ``(3) Delay in decision.--If an administrative law 
        judge cannot issue a decision before the end of the 45-day 
        period described in paragraph (1)--</DELETED>
                <DELETED>    ``(A) the removal or demotion is final; 
                and</DELETED>
                <DELETED>    ``(B) not later than 14 days after the end 
                of the 45-day period, the Merit Systems Protection 
                Board shall submit to each committee of Congress with 
                jurisdiction of the activities of the applicable agency 
                a report that explains the reasons why a decision was 
                not issued during the period.</DELETED>
        <DELETED>    ``(4) No stays.--The Merit Systems Protection 
        Board or administrative law judge may not stay any removal or 
        demotion under this section.</DELETED>
        <DELETED>    ``(5) No pay or benefits during pending appeal.--
        During the period beginning on the date on which an employee 
        appeals a removal from the civil service under subsection (e) 
        and ending on the date that the administrative law judge issues 
        a final decision on the appeal, the employee may not receive 
        any pay, awards, bonuses, incentives, allowances, 
        differentials, student loan repayments, special payments, or 
        benefits.</DELETED>
        <DELETED>    ``(6) Assistance by agency.--To the maximum extent 
        practicable, the head of an agency shall provide to the Merit 
        Systems Protection Board, and to any administrative law judge 
        to whom an appeal under this section is referred, such 
        information and assistance as may be necessary to ensure an 
        appeal under this subsection is expedited.</DELETED>
<DELETED>    ``(g) Limitation on Removal or Demotion.--If an employee 
seeking corrective action (or on behalf of whom corrective action is 
sought) from the Office of Special Counsel based on an alleged 
prohibited personnel practice, the head of an agency may not remove or 
demote the employee under subsection (b) without the approval of the 
Special Counsel under section 1214(f).</DELETED>
<DELETED>    ``(h) Relation to Other Provisions of Law.--</DELETED>
        <DELETED>    ``(1) Additional authority.--The authority 
        provided by this section is in addition to any authority 
        provided under this chapter or chapter 43.</DELETED>
        <DELETED>    ``(2) Not subject to other provisions.--The 
        requirements under any other provision of this chapter shall 
        not apply to any action under this section.''.</DELETED>
<DELETED>    (b) Technical and Conforming Amendments.--</DELETED>
        <DELETED>    (1) 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:</DELETED>

<DELETED>``7515. Removal or demotion of employees based on retaliation 
                            against whistleblowers.''.
        <DELETED>    (2) Section 4303(f) of title 5, United States 
        Code, is amended--</DELETED>
                <DELETED>    (A) by striking ``or'' at the end of 
                paragraph (2);</DELETED>
                <DELETED>    (B) by striking the period at the end of 
                paragraph (3) and inserting ``, or''; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(4) any removal or demotion under section 
        7515.''.</DELETED>

<DELETED>SEC. 105. SUICIDE BY EXECUTIVE BRANCH EMPLOYEES.</DELETED>

<DELETED>    (a) Referral.--The head of the Executive agency employing 
an executive branch employee who commits suicide shall refer the matter 
to the Inspector General of the Executive agency, or senior ethics 
official of the Executive agency for an Executive agency without an 
Inspector General, to determine whether the suicide of the executive 
branch employee was work-related.</DELETED>
<DELETED>    (b) Information to Next of Kin.--</DELETED>
        <DELETED>    (1) In general.--Subject to paragraph (2), the 
        head of the Executive agency employing an executive branch 
        employee who commits suicide shall provide the personnel file 
        of the Executive agency to the next of kin of the executive 
        branch employee.</DELETED>
        <DELETED>    (2) National security exception.--The head of an 
        Executive agency may withhold information in a personnel file 
        under paragraph (1) if the head determines the disclosure of 
        the information would likely compromise national 
        security.</DELETED>

<DELETED>SEC. 106. ACCESS TO MEDICAL FILES.</DELETED>

<DELETED>    (a) In General.--Except for an emergency situation, an 
executive branch employee may not access the medical record of another 
executive branch employee, unless the executive branch employee whose 
medical record will be accessed provides consent to the 
access.</DELETED>
<DELETED>    (b) Emergency Situations.--The Director of the Office of 
Management and Budget shall promulgate regulations defining the term 
``emergency situation'' for purposes of this section.</DELETED>

<DELETED>SEC. 107. TRAINING FOR SUPERVISORS.</DELETED>

<DELETED>    The head of each Executive agency shall provide training 
regarding how to respond to complaints alleging a violation of 
whistleblower protections available to executive branch employee of the 
Executive agency to--</DELETED>
        <DELETED>    (1) executive branch employees appointed to 
        supervisory positions in the Executive agency who have not 
        previously served as a supervisor; and</DELETED>
        <DELETED>    (2) on an annual basis, to all executive branch 
        employees of the Executive agency serving in a supervisory 
        position.</DELETED>

<DELETED>SEC. 108. INFORMATION ON WHISTLEBLOWER PROTECTIONS.</DELETED>

<DELETED>    (a) In General.--Chapter 23 of title 5, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 2307. Information on whistleblower 
              protections</DELETED>
<DELETED>    ``(a) Definitions.--In this section--</DELETED>
        <DELETED>    ``(1) the term `new employee' means an 
        individual--</DELETED>
                <DELETED>    ``(A) appointed to a position as an 
                employee on or after the date of enactment of the Dr. 
                Chris Kirkpatrick Whistleblower Protection Act of 2015; 
                and</DELETED>
                <DELETED>    ``(B) who has not previously served as an 
                employee; and</DELETED>
        <DELETED>    ``(2) the term `whistleblower protections' means--
        </DELETED>
                <DELETED>    ``(A) the protections against and remedies 
                for a prohibited personnel practice described in 
                paragraph (8) or subparagraph (A)(i), (B), (C), or (D) 
                of paragraph (9) of section 2302(b); and</DELETED>
                <DELETED>    ``(B) similar protections for an employee 
                under any other provision of law.</DELETED>
<DELETED>    ``(b) Information for New Hires.--The head of each agency 
or other establishment in the Federal Government shall provide each new 
employee of the agency or establishment information regarding the 
whistleblower protections available to the new employee and the role of 
the Office of Special Counsel.</DELETED>
<DELETED>    ``(c) Information Online.--The head of each agency or 
other establishment in the Federal Government shall make available 
information regarding whistleblower protections applicable to employees 
of the agency or other establishment on any online portal that is made 
available only to employees of the agency or other 
establishment.''.</DELETED>
<DELETED>    (b) 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:</DELETED>

<DELETED>``2307. Information on whistleblower protections.''.

 <DELETED>TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES</DELETED>

<DELETED>SEC. 201. PROTECTING MEDICAL PRIVACY OF EMPLOYEES OF THE 
              DEPARTMENT OF VETERANS AFFAIRS.</DELETED>

<DELETED>    (a) In General.--Chapter 7 of title 38, United States 
Code, is amended by adding at the end the following new 
section:</DELETED>
<DELETED>``Sec. 714. Accessing of medical records of 
              employees</DELETED>
<DELETED>    ``(a) Notice of Access.--(1) Not later than five days 
after an employee of the Department accesses the medical record of 
another employee of the Department, the Secretary shall notify the such 
other employee of such access.</DELETED>
<DELETED>    ``(2) Notice under paragraph (1) shall include the 
following:</DELETED>
        <DELETED>    ``(A) The name of the employee accessing the 
        medical record.</DELETED>
        <DELETED>    ``(B) The date and time the employee accessed the 
        medical record.</DELETED>
        <DELETED>    ``(C) The period during which the employee 
        accessed the medical record.</DELETED>
        <DELETED>    ``(D) A description of any modification of the 
        medical record made by the employee.</DELETED>
<DELETED>    ``(b) Determination of Prohibited Access.--(1) If an 
employee of the Department receives notice under subsection (a) that a 
medical record of the employee was accessed by another employee of the 
Department and the employee believes that such access was conducted in 
violation of an applicable provision of Federal privacy law, the 
employee shall file a complaint with the Office of Accountability 
Review.</DELETED>
<DELETED>    ``(2) If the Office of Accountability Review receives a 
complaint from an employee with respect to a notice that the employee 
received under subsection (a) not more than 45 days after the notice 
was transmitted to the employee, the Office of Accountability Review 
shall, not later than 30 days after receiving such complaint--
</DELETED>
        <DELETED>    ``(A) determine whether the access identified in 
        the notice was conducted in violation of an applicable 
        provision of Federal privacy law; and</DELETED>
        <DELETED>    ``(B) notify the employee of the 
        determination.</DELETED>
<DELETED>    ``(c) Action in Response to Unauthorized Access.--(1) If 
the Office of Accountability Review determines that an employee of the 
Department has accessed the medical record of another employee of the 
Department in violation of an applicable provision of Federal privacy 
law, the Secretary shall--</DELETED>
        <DELETED>    ``(A) for the first such access, issue an order 
        that, for the two-year period beginning on the date of the 
        order, the employee is not eligible to receive any bonus or 
        cash award from the Department, including--</DELETED>
                <DELETED>    ``(i) an award under chapter 45 of title 
                5;</DELETED>
                <DELETED>    ``(ii) an award under section 5384 of 
                title 5; and</DELETED>
                <DELETED>    ``(iii) a retention bonus under section 
                5754 of title 5;</DELETED>
        <DELETED>    ``(B) for the second such access, suspend the 
        employee for not less than 14 days; and</DELETED>
        <DELETED>    ``(C) for the third such access, terminate the 
        employee.</DELETED>
<DELETED>    ``(2) Any action under paragraph (1)--</DELETED>
        <DELETED>    ``(A) shall be taken in accordance with chapter 75 
        of title 5; and</DELETED>
        <DELETED>    ``(B) may be appealed to the Merit Systems 
        Protection Board under section 7701 of title 5.</DELETED>
<DELETED>    ``(d) Applicable Provision of Federal Privacy Law 
Defined.--In this section, the term `applicable provision of Federal 
privacy law' includes the following:</DELETED>
        <DELETED>    ``(1) The Federal regulations (concerning the 
        privacy of individually identifiable health information) 
        promulgated under section 264(c) of the Health Insurance 
        Portability and Accountability Act of 1996.</DELETED>
        <DELETED>    ``(2) Section 552a of title 5 (commonly known as 
        the `Privacy Act of 1974').''.</DELETED>
<DELETED>    (b) Technical and Conforming Amendment.--The table of 
sections for chapter 7 of title 38, United States Code, is amended by 
adding at the end the following new item:</DELETED>

<DELETED>``714. Accessing of medical records of employees.''.

<DELETED>SEC. 202. MENTAL HEALTH SERVICES FOR EMPLOYEES OF THE 
              DEPARTMENT OF VETERANS AFFAIRS.</DELETED>

<DELETED>    (a) Outreach on Availability of Services.--The Secretary 
of Veterans Affairs shall conduct a program of outreach to employees of 
the Department of Veterans Affairs to inform them of the mental health 
services available to them.</DELETED>
<DELETED>    (b) Study on Use of Mental Health Professionals of the 
Department To Provide Services to Employees.--</DELETED>
        <DELETED>    (1) In general.--The Secretary of Veterans Affairs 
        shall conduct a study to assess the feasibility of using mental 
        health professionals who provide mental health services for the 
        Department of Veterans Affairs to provide mental health 
        services to employees of the Department.</DELETED>
        <DELETED>    (2) Report.--Upon completion of the study required 
        by paragraph (1), the Secretary shall submit to Congress a 
        report on the findings of the Secretary with respect to the 
        study.</DELETED>

<DELETED>SEC. 203. PROTOCOLS TO ADDRESS THREATS AGAINST EMPLOYEES OF 
              THE DEPARTMENT OF VETERANS AFFAIRS.</DELETED>

<DELETED>    The Secretary of Veterans Affairs shall develop protocols 
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.</DELETED>

<DELETED>SEC. 204. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON 
              ACCOUNTABILITY OF CHIEFS OF POLICE OF DEPARTMENT OF 
              VETERANS AFFAIRS MEDICAL CENTERS.</DELETED>

<DELETED>    The Comptroller General of the United States shall conduct 
a study to assess the reporting, accountability, and chain of command 
structure of the Department of Veterans Affairs police officers at 
medical centers of the Department.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Dr. Chris 
Kirkpatrick Whistleblower Protection Act of 2015''.
    (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. Adequate access of Special Counsel to information.
Sec. 104. Prohibited personnel practices.
Sec. 105. Discipline of supervisors based on retaliation against 
                            whistleblowers.
Sec. 106. Suicide by employees.
Sec. 107. Training for supervisors.
Sec. 108. 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 terms ``agency'' and ``personnel action'' have the 
        meanings given such terms under section 2302 of title 5, United 
        States Code; and
            (2) the term ``employee'' means an employee (as defined in 
        section 2105 of title 5, United States Code) of an agency.

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 Protections 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) Individual Right of Action for 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. ADEQUATE ACCESS OF SPECIAL COUNSEL TO INFORMATION.

    Section 1212(b) of title 5, United States Code, is amended by 
adding at the end the following:
    ``(5) The Special Counsel, in carrying out this subchapter, is 
authorized to--
            ``(A) have access to all records, reports, audits, reviews, 
        documents, papers, recommendations, or other material available 
        to the applicable agency which relate to a matter within the 
        jurisdiction or authority of the Special Counsel; and
            ``(B) request from any agency such information or 
        assistance as may be necessary for carrying out the duties and 
        responsibilities of the Special Counsel under this 
        subchapter.''.

SEC. 104. 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 for 
        the purpose of retaliation for a disclosure or activity 
        protected under paragraph (8) or (9).''.

SEC. 105. 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' has the meaning given that term 
        under section 2302;
            ``(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 a supervisor, as defined 
        under section 7103(a), who is employed by an agency, as defined 
        under paragraph (1) of this subsection.
    ``(b) Proposed Adverse Actions.--
            ``(1) In general.--In accordance with paragraph (2), the 
        head of an agency shall propose against a supervisor whom the 
        head of that agency, an administrative law judge, the Merit 
        Systems Protection Board, the Office of Special Counsel, an 
        adjudicating body provided under a union contract, a Federal 
        judge, or the Inspector General of the agency determines 
        committed a prohibited personnel action the following adverse 
        actions:
                    ``(A) With respect to the first prohibited 
                personnel action, an adverse action that is not less 
                than a 12-day suspension.
                    ``(B) With respect to the second prohibited 
                personnel action, removal.
            ``(2) Procedures.--
                    ``(A) Notice.--A supervisor against whom an adverse 
                action under paragraph (1) is proposed is entitled to 
                written notice.
                    ``(B) Answer and evidence.--
                            ``(i) In general.--A supervisor who is 
                        notified under subparagraph (A) that the 
                        supervisor is the subject of a proposed adverse 
                        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.--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 adverse 
                        action, the head of the agency shall carry out 
                        the adverse action.
                    ``(C) Scope of procedures.--Paragraphs (1) and (2) 
                of subsection (b) of section 7513, subsection (c) of 
                such section, paragraphs (1) and (2) of subsection (b) 
                of section 7543, and subsection (c) of such section 
                shall not apply with respect to an adverse action 
                carried out under this subsection.
    ``(c) Limitation on Other Adverse Actions.--With respect to a 
prohibited personnel action, if the head of the agency carries out an 
adverse action against a supervisor under another provision of law, the 
head of the agency may carry out an additional adverse action under 
this section based on the same prohibited personnel action.''.
    (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. 106. SUICIDE BY EMPLOYEES.

    (a) Referral.--The head of an agency shall refer to the Office of 
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 
Office of Special Counsel under subsection (a), the Office of 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 Office of Special Counsel 
        determines appropriate under subchapter II of chapter 12 of 
        title 5, United States Code.

SEC. 107. TRAINING FOR SUPERVISORS.

    In consultation with the Office of 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 108) 
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. 108. 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 2303(f)(1) or (2)'' 
                and inserting ``section 2303(e)(1) or (2)''.
                    (D) Section 704 of the Homeland Security Act of 
                2002 (6 U.S.C. 344) is amended by striking ``2302(c)'' 
                each place it appears and inserting ``2307''.
                    (E) 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)''.
                    (F) 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' has the meaning given that term in 
        section 2302;
            ``(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 2015; 
                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 is appointed.
    ``(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.
            Amend the title so as to read: ``A bill 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.''.
                                                       Calendar No. 499

114th CONGRESS

  2d Session

                                S. 2127

                          [Report No. 114-262]

_______________________________________________________________________

                                 A BILL

 To provide appropriate protections to probationary Federal employees, 
to provide the Special Counsel with adequate access to information, to 
provide greater awareness of Federal whistleblower protections, and for 
                            other purposes.

_______________________________________________________________________

                              May 26, 2016

        Reported with an amendment and an amendment to the title