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Public Law115th CongressGovernment Operations and Politics
S. 585Became Law

Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017

This bill became law

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What it doesSummary public law (Oct 26, 2017)

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.

What just happenedOct 26, 2017

Signed by President.

Who’s behind it

Sen. Johnson, Ron [R-WI](R-WI)Sponsor
1 cosponsor1 R
Read on Congress.gov
1cosponsors3committees34actions2related bills16subjects
  1. Oct 26, 2017President

    Signed by President.

  2. Oct 26, 2017BecameLaw36000

    Signed by President.

  3. Oct 24, 2017Floor

    Presented to President.

  4. Oct 24, 2017President28000

    Presented to President.

  5. Oct 12, 2017FloorH38310

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

  6. Oct 12, 2017FloorH37100

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

  7. Oct 12, 2017Floor8000

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

  8. Oct 12, 2017FloorH36110

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

    Oversight and Accountability Committee
  9. Oct 12, 2017FloorH30000

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

  10. Oct 12, 2017FloorH8D000

    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.

  11. Oct 12, 2017FloorH8A000

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

  12. Oct 12, 2017FloorH8D000

    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.

  13. Oct 12, 2017FloorH36100

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

    Oversight and Accountability Committee
  14. Oct 12, 2017FloorH35000

    The previous question was ordered pursuant to the rule.

  15. Oct 12, 2017FloorH8D000

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

  16. Oct 12, 2017FloorH8D000

    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. Oct 12, 2017FloorH30000

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

  18. Oct 11, 2017FloorH1L220

    Rule H. Res. 562 passed House.

  19. Oct 10, 2017FloorH1L210

    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.

  20. May 26, 2017Committee

    Referred to the Subcommittee on Economic Opportunity.

    Economic Opportunity Subcommittee
  21. May 26, 2017Committee

    Subcommittee on Oversight and Investigations Discharged.

    Veterans' Affairs Committee
  22. May 26, 2017Committee

    Referred to the Subcommittee on Oversight and Investigations.

    Oversight and Investigations Subcommittee
  23. May 26, 2017IntroReferralH11100

    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.

    Veterans' Affairs Committee
  24. May 26, 2017IntroReferralH11100

    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.

    Oversight and Accountability Committee
  25. May 26, 2017FloorH14000

    Received in the House.

  26. May 25, 2017Floor

    Message on Senate action sent to the House.

  27. May 25, 2017Floor

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

  28. May 25, 2017Floor17000

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

  29. May 4, 2017Calendars

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

  30. May 4, 2017Committee

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

    Homeland Security and Governmental Affairs Committee
  31. May 4, 2017Committee14000

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

    Homeland Security and Governmental Affairs Committee
  32. Mar 15, 2017Committee

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

    Homeland Security and Governmental Affairs Committee
  33. Mar 8, 2017IntroReferral

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

    Homeland Security and Governmental Affairs Committee
  34. Mar 8, 2017IntroReferral10000

    Introduced in Senate

Public LawOct 26, 201749

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.

Passed Senate amendedMay 25, 201735

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

Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017

TITLE I--EMPLOYEES GENERALLY

(Sec. 102) This bill directs federal agencies (excluding any entity that is an element of the intelligence community) to give priority to an employee transfer request if the Merit Systems Protections Board (MSPB) grants a stay of a personnel action at the request of: (1) the Office of Special Counsel (OSC) if the OSC determines the personnel action was taken, or is to be taken, as a result of a prohibited personnel practice; or (2) the employee if the individual is in probationary status and seeks corrective action.

The Government Accountability Office (GAO) shall report to Congress on retaliation against employees in probationary status.

(Sec. 103) The bill: (1) prohibits any employee who has the authority to take a personnel action to access the medical records of another employee or applicant for employment, and (2) authorizes disciplinary action against supervisors for retaliation against whistle-blowers.

(Sec. 105) Agencies must: (1) refer information about employee suicides to the OSC, (2) train supervisors on responding to complaints alleging whistle-blower protections violations, (3) provide information regarding whistle-blower protections to new employees during probationary periods, (4) inform employees of the role of the OSC and the MSPB with regard to whistle-blower protection, and (5) make information about such protections available on agency websites.

TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES

(Sec. 201) The Department of Veterans Affairs (VA) must: (1) submit a plan to prevent unauthorized access to the medical records of VA employees; (2) conduct an outreach program to inform its employees of available mental health services, including telemedicine options; and (3) ensure protocols are in effect to address threats against VA employees providing health care.

(Sec. 204) The GAO shall assess the reporting, staffing, accountability, and chain of command structure of the VA police officers at VA medical centers.

Reported to Senate with amendment(s)May 4, 20171

Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017

TITLE I--EMPLOYEES GENERALLY

(Sec. 102) This bill directs federal agencies (excluding any entity that is an element of the intelligence community) to give priority to an employee transfer request if the Merit Systems Protection Board (MSPB) grants a stay of a personnel action at the request of: (1) the Office of Special Counsel (OSC) if the OSC determines the personnel action was taken, or is to be taken, as a result of a prohibited personnel practice; or (2) the employee if such employee is in probationary status and seeks corrective action.

The Government Accountability Office (GAO) shall report to Congress on retaliation against employees in probationary status.

(Sec. 103) The bill: (1) prohibits any employee who has the authority to take a personnel action to access the medical records of another employee or applicant for employment, and (2) authorizes disciplinary action against supervisors for retaliation against whistle-blowers.

(Sec. 105) Agencies must: (1) refer information about employee suicides to the OSC, (2) train supervisors on responding to complaints alleging whistle-blower protections violations, (3) provide information regarding whistle-blower protections to new employees during probationary periods, (4) inform employees of the role of the OSC and the MSPB with regard to whistle-blower protection, and (5) make information about such protections available on agency websites.

TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES

(Sec. 201) The Department of Veterans Affairs (VA) must: (1) submit a plan to prevent unauthorized access to the medical records of VA employees; (2) conduct an outreach program to inform its employees of available mental health services, including telemedicine options; and (3) ensure protocols are in effect to address threats against VA employees providing health care.

(Sec. 204) The Government Accountability Office shall assess the reporting, staffing, accountability, and chain of command structure of VA police officers at VA medical centers.

Introduced in SenateMar 8, 2017

Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017

This bill directs federal agencies (excluding any entity that is an element of the intelligence community) to give priority to an employee transfer request if the Merit Systems Protection Board (MSPB) grants a stay of a personnel action at the request of: (1) the Office of Special Counsel (OSC) if the OSC determines the personnel action was taken, or is to be taken, as a result of a prohibited personnel practice; or (2) the employee if such employee is in probationary status and seeks corrective action.

The bill: (1) prohibits any employee who has the authority to take a personnel action to access the medical records of another employee or applicant for employment, (2) authorizes disciplinary action against supervisors for retaliation against whistleblowers.

Agencies must: (1) refer information about employee suicides to the OSC, (2) train supervisors on responding to complaints alleging whistleblower protections violations, (3) provide information regarding whistleblower protections to new employees during probationary periods, (4) inform employees of the role of the OSC and the MSPB with regard to whistleblower protection, and (5) make information about such protections available on agency websites.

The Department of Veterans Affairs (VA) must: (1) submit a plan to prevent unauthorized access to the medical records of VA employees; (2) conduct an outreach program to inform its employees of available mental health services, including telemedicine options; and (3) ensure protocols are in effect to address threats against VA employees providing health care.

The Government Accountability Office shall assess the reporting, staffing, accountability, and chain of command structure of VA police officers at VA medical centers.

Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017 — Informed