[Congressional Record Volume 163, Number 91 (Thursday, May 25, 2017)]
[Senate]
[Pages S3190-S3194]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       DR. CHRIS KIRKPATRICK WHISTLEBLOWER PROTECTION ACT OF 2017

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 57, S. 585.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 585) 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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with amendments, as follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italic.)

                                 S. 585

       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 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 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));
       (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 following:
       ``(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 Government 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:

[[Page S3191]]

  


     ``Sec. 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
       ``(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 committed 
     by a supervisor, shall propose removing the supervisor.
       ``(2) Procedures.--
       ``(A) Notice.--A supervisor against whom an action is 
     proposed to be taken under 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 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 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.

       ``(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 
     personnel 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 
     appropriate under subchapter II of chapter 12 of title 5, 
     United States Code.

     SEC. 106. TRAINING FOR SUPERVISORS.

       In consultation with the Special Counsel and the 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 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
       (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)] 2302(f)(1) or (2)'' and 
     inserting ``section [2303(e)(1)] 2302(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]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)''.
       ([F]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:

     ``Sec. 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 
     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 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).''.

[[Page S3192]]

       (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.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
committee-reported amendments be considered and agreed to; the bill, as 
amended, be considered read a third time and passed; and that the 
motion to reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendments were agreed to.
  The bill (S. 585), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                 S. 585

       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 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 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));
       (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 following:
       ``(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 Government 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:

     ``Sec. 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
       ``(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)--

[[Page S3193]]

       ``(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 committed 
     by a supervisor, shall propose removing the supervisor.
       ``(2) Procedures.--
       ``(A) Notice.--A supervisor against whom an action is 
     proposed to be taken under 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 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 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.

       ``(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 
     personnel 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 
     appropriate under subchapter II of chapter 12 of title 5, 
     United States Code.

     SEC. 106. TRAINING FOR SUPERVISORS.

       In consultation with the Special Counsel and the 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 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
       (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 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:

     ``Sec. 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 
     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 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 
                   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

[[Page S3194]]

     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.

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