United States 115th Congress ✓ Enacted · P.L. 115-73 1 R cosponsors

S 585 — Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017

Last action — Became Public Law No: 115-73.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 08, 2017. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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Prognosis

Advancing 52% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017 TITLE I--EMPLOYEES GENERALLY (Sec. 102) This bill directs federal agencies (excluding any entity that is an element of the intelligence community) to give priority to an employee transfer request if the Merit Systems Protections Board (MSPB) grants a stay of a personnel action at the request of: (1) the Office of Special Counsel (OSC) if the OSC determines the personnel action was taken, or is to be taken, as a result of a prohibited personnel practice; or (2) the employee if the individual is in probationary status and seeks corrective action. The Government Accountability Office (GAO) shall report to Congress on retaliation against employees in probationary status. (Sec. 103) The bill prohibits any employee who has the authority to take, direct others to take, recommend, or approve of any personnel action to access the medical records of another employee or applicant for employment. (Sec. 104) Agencies employing a supervisor who has committed a prohibited personnel action may propose: (1) a suspension of not less than three days, (2) a reduction in grade or pay, and (3) removal from the position. A supervisor must receive written notice specifying the reasons for the proposed action and the right of the supervisor to review the material which is relied on to support the reasons for the proposed action. A supervisor is entitled to 14 days following the notice to answer and furnish evidence in support of the answer. (Sec. 105) Agencies must refer information about employee suicides to the OSC indicating whether, prior to the death of the employee, any disclosure of information was made evidencing: (1) a violation of any law, rule, or regulation; (2) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial danger to public health or safety; or (3) whether any personnel action was taken against the employee as a result. (Sec. 106) Agencies must provide training on how to respond to complaints alleging a violation of whistle-blower protections to: (1) any employee appointed to a supervisory position in the agency who has not previously served as a supervisor; and (2) on an annual basis, to all employees serving in a supervisory position. (Sec. 107) Agencies must: (1) provide information regarding whistle-blower protections to new employees during probationary periods, (2) inform employees of the role of the OSC and the MSPB with regard to whistle-blower protection, and (3) make information about such protections available on agency websites. TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES (Sec. 201) The Department of Veterans Affairs (VA) must submit a plan to Congress on efforts to prevent any unauthorized access to the medical records of VA employees. (Sec. 202) The VA must conduct an outreach program to inform its employees of any mental health services, including telemedicine options. (Sec. 203) The VA must ensure protocols are in effect to address threats against VA employees providing health care. (Sec. 204) The GAO shall conduct a study to assess the reporting, staffing, accountability, and chain of command structure of the VA police officers at VA medical centers.

Bill Text

What changed in the latest version

173 added · 171 removed

Plain-language change summary

The amendment adds a provision stating that if the Merit Systems Protection Board grants a stay, the head of the agency must give priority to any transfer request made by the employee. This change emphasizes the process for addressing employee requests during whistleblower proceedings, potentially facilitating the transfer for those involved in whistleblowing activities.

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[Congressional Bills 115th Congress] [From the U.S.
[115th Congress Public Law 73] [From the U.S.
Government Publishing Office] [S.
Government Publishing Office] [[Page 131 STAT.
585 Referred in House (RFH)] <DOC> 115th CONGRESS 1st Session S.
1235]] Public Law 115-73 115th Congress 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.
585 _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 2017 Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ 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.
<<NOTE:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
Oct.
26, 2017 - [S.
585]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE:
Dr.
Chris Kirkpatrick Whistleblower Protection Act of 2017.>> SECTION 1.
(a) Short Title.--This Act may be cited as the ``Dr.
(a) <<NOTE:
5 USC 101 note.>> Short Title.--This Act may be cited as the ``Dr.
DEFINITIONS.
<<NOTE:
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 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;
5 USC 1212 note.>> 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;
(2) the term ``employee'' means an employee (as defined in section 2105 of title 5, United States Code) of an agency;
[[Page 131 STAT.
1236]] (2) the term ``employee'' means an employee (as defined in section 2105 of title 5, United States Code) of an agency;
(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.
(c) <<NOTE:
Reports.>> 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.
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;
<<NOTE:
5 USC 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 ``(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.
and [[Page 131 STAT.
``(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;
1237]] ``(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) <<NOTE:
Determinations.>> 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) <<NOTE:
Time period.>> shall propose suspending the supervisor for a period of not less than 3 days;
``(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.
``(B) <<NOTE:
Time period.>> 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.
``(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.
[[Page 131 STAT.
1238]] ``(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) 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:
(b) Technical and Conforming Amendment.--The table of sections for subchapter II of chapter 75 of title 5, United States Code, <<NOTE:
5 USC 7501 prec.>> is amended by adding at the end the following:
SUICIDE BY EMPLOYEES.
<<NOTE:
5 USC 1212 note.>> SUICIDE BY EMPLOYEES.
TRAINING FOR SUPERVISORS.
<<NOTE:
Consultation.
5 USC 2301 note.>> TRAINING FOR SUPERVISORS.
and (B) by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively.
and [[Page 131 STAT.
1239]] (B) by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively.
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;
<<NOTE:
5 USC 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;
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``(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;
``(b) <<NOTE:
Consultation.>> 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;
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.
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 [[Page 131 STAT.
``(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.
1240]] of foreign affairs to the Special Counsel, the Inspector General of an agency, Congress, or other agency employee designated to receive such disclosures.
``(c) <<NOTE:
Deadline.>> 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.
(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;
(a) Development of Plan.-- (1) <<NOTE:
Deadline.>> 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;
and (C) upon request, provide a briefing to the appropriate committees of Congress with respect to the plan developed under subparagraph (A).
and (C) <<NOTE:
Briefing.>> upon request, provide a briefing to the appropriate committees of Congress with respect to the plan developed under subparagraph (A).
(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.
(A) <<NOTE:
(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.
Assessment.>> A detailed assessment of strategic goals of the Department for the prevention of unauthorized access to the medical records of employees 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.
(B) <<NOTE:
(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.
Lists.>> 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 [[Page 131 STAT.
1241]] another employee of the Department without a specific need to access such records.
(D) <<NOTE:
Regulations.>> 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.
(F) An estimate of the costs associated with implementing such plan.
(F) <<NOTE:
Estimate.>> An estimate of the costs associated with implementing such plan.
OUTREACH ON AVAILABILITY OF MENTAL HEALTH SERVICES AVAILABLE TO EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS.
<<NOTE:
38 USC 703 note.>> OUTREACH ON AVAILABILITY OF MENTAL HEALTH SERVICES AVAILABLE TO EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS.
PROTOCOLS TO ADDRESS THREATS AGAINST EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS.
<<NOTE:
38 USC 703 note.>> PROTOCOLS TO ADDRESS THREATS AGAINST EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS.
COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON ACCOUNTABILITY OF CHIEFS OF POLICE OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTERS.
<<NOTE:
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.
Assessment.>> COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON ACCOUNTABILITY OF CHIEFS OF POLICE OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTERS.
Passed the Senate May 25, 2017.
The Comptroller General of the United States shall conduct a study to assess the reporting, staffing, accountability, and chain [[Page 131 STAT.
Attest:
1242]] of command structure of the Department of Veterans Affairs police officers at medical centers of the Department.
JULIE E.
Approved October 26, 2017.
ADAMS, Secretary.
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.
<all>
View plain text versions (6)

Action History

  1. Introduced in Senate

  2. Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

  3. Committee on Homeland Security and Governmental Affairs. Ordered to be reported with amendments favorably.

  4. Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with amendments. With written report No. 115-44.

  5. Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with amendments. With written report No. 115-44.

  6. Placed on Senate Legislative Calendar under General Orders. Calendar No. 57.

  7. Passed/agreed to in Senate: Passed Senate with amendments by Unanimous Consent.(consideration: CR S3190; text as passed Senate: CR S3192-3194)

  8. Passed Senate with amendments by Unanimous Consent. (consideration: CR S3190; text as passed Senate: CR S3192-3194)

  9. Message on Senate action sent to the House.

  10. Received in the House.

  11. Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  12. Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  13. Referred to the Subcommittee on Oversight and Investigations.

  14. Subcommittee on Oversight and Investigations Discharged.

  15. Referred to the Subcommittee on Economic Opportunity.

  16. Rules Committee Resolution H. Res. 562 Reported to House. Rule provides for consideration of S. 585 with 1 hour of general debate. Bill is closed to amendments. The resolution provides for proceedings during the period from October 16, 2017, through October 20, 2017; and provides for consideration of motions to suspend the rules.

  17. Rule H. Res. 562 passed House.

  18. Considered under the provisions of rule H. Res. 562. (consideration: CR H7998-8004)

  19. Rule provides for consideration of S. 585 with 1 hour of general debate. Bill is closed to amendments. The resolution provides for proceedings during the period from October 16, 2017, through October 20, 2017; and provides for consideration of motions to suspend the rules.

  20. DEBATE - The House proceeded with one hour of debate on S. 585.

  21. The previous question was ordered pursuant to the rule.

  22. Mr. O'Halleran moved to recommit with instructions to the Committee on Oversight and Government Reform. (text: CR H8003)

  23. DEBATE - The House proceeded with 10 minutes of debate on the O'Halleran motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House forthwith with an amendment to add a new section at the end of title I related to Disclosure of Violations Relating to Air Transportation.

  24. The previous question on the motion to recommit with instructions was ordered without objection.

  25. POSTPONED PROCEEDINGS - At the conclusion of debate on the O'Halleran motion to recommit, the Chair put the question on the motion, and by voice vote, announced that the noes had prevailed. Mr. O'Halleran demanded the yeas and nays and the Chair postponed further proceedings on the motion to recommit until a time to be announced.

  26. Considered as unfinished business. (consideration: CR H8010-8012)

  27. On motion to recommit with instructions Failed by the Yeas and Nays: 190 - 232 (Roll no. 567).

  28. Passed/agreed to in House: On passage Passed by recorded vote: 420 - 0 (Roll no. 568).(text: CR H7989)

  29. On passage Passed by recorded vote: 420 - 0 (Roll no. 568). (text: CR H7989)

  30. Motion to reconsider laid on the table Agreed to without objection.

  31. Presented to President.

  32. Presented to President.

  33. Signed by President.

  34. Signed by President.

  35. Became Public Law No: 115-73.

  36. Became Public Law No: 115-73.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does S 585 do?
Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017 TITLE I--EMPLOYEES GENERALLY (Sec. 102) This bill directs federal agencies (excluding any entity that is an element of the intelligence community) to give priority to an employee transfer request if the Merit Systems Protections Board (MSPB) grants a stay of a personnel action at the request of: (1) the Office of Special Counsel (OSC) if the OSC determines the personnel action was taken, or is to be taken, as a result of a prohibited personnel practice; or (2) the employee if the individual is in probationary status and seeks corrective action. The Government Accountability Office (GAO) shall report to Congress on retaliation against employees in probationary status. (Sec. 103) The bill prohibits any employee who has the authority to take, direct others to take, recommend, or approve of any personnel action to access the medical records of another employee or applicant for employment. (Sec. 104) Agencies employing a supervisor who has committed a prohibited personnel action may propose: (1) a suspension of not less than three days, (2) a reduction in grade or pay, and (3) removal from the position. A supervisor must receive written notice specifying the reasons for the proposed action and the right of the supervisor to review the material which is relied on to support the reasons for the proposed action. A supervisor is entitled to 14 days following the notice to answer and furnish evidence in support of the answer. (Sec. 105) Agencies must refer information about employee suicides to the OSC indicating whether, prior to the death of the employee, any disclosure of information was made evidencing: (1) a violation of any law, rule, or regulation; (2) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial danger to public health or safety; or (3) whether any personnel action was taken against the employee as a result. (Sec. 106) Agencies must provide training on how to respond to complaints alleging a violation of whistle-blower protections to: (1) any employee appointed to a supervisory position in the agency who has not previously served as a supervisor; and (2) on an annual basis, to all employees serving in a supervisory position. (Sec. 107) Agencies must: (1) provide information regarding whistle-blower protections to new employees during probationary periods, (2) inform employees of the role of the OSC and the MSPB with regard to whistle-blower protection, and (3) make information about such protections available on agency websites. TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES (Sec. 201) The Department of Veterans Affairs (VA) must submit a plan to Congress on efforts to prevent any unauthorized access to the medical records of VA employees. (Sec. 202) The VA must conduct an outreach program to inform its employees of any mental health services, including telemedicine options. (Sec. 203) The VA must ensure protocols are in effect to address threats against VA employees providing health care. (Sec. 204) The GAO shall conduct a study to assess the reporting, staffing, accountability, and chain of command structure of the VA police officers at VA medical centers.
Who sponsors S 585?
S 585 is sponsored by Johnson, Ron (Republican).
What is the current status of S 585?
This bill has been enacted into law. Introduced March 08, 2017. Enacted.
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