,,ii ,calendar ,no4 #dii #aadth ,,congress #b;d ,session ,s4 #babg ,report ,no4 #aad-bfb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #a1 #bjae,mr4 ,johnson 7for himself1 ,ms4 ,ayotte1 ,mr4 ,kirk1 and ,mrs4 ,ernst7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,may #bf1 #bjaf,reported by ,mr4 ,johnson1 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 employees1 to provide the ,special ,counsel with adequate access to information1 to provide greater awareness of ,federal whistleblower protections1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,dr4 ,chris ,kirkpatrick ,whistleblower ,protection ,act of #bjae4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,employees generally,sec4 #aja4 ,definitions4,sec4 #ajb4 ,whistleblower protections for probationary employees4,sec4 #ajc4 ,adequate access of ,special ,counsel to information4,sec4 #ajd4 ,removal or demotion of employees based on retaliation against whistleblowers4,sec4 #aje4 ,suicide by executive branch employees4,sec4 #ajf4 ,access to medical files4,sec4 #ajg4 ,training for supervisors4,sec4 #ajh4 ,information on whistleblower protections4,,title ,,ii--,department of ,veterans ,affairs employees ,sec4 #bja4 ,protecting medical privacy of employees of the ,department of ,veterans ,affairs4,sec4 #bjb4 ,mental health services for employees of the ,department of ,veterans ,affairs4,sec4 #bjc4 ,protocols to address threats against employees of the ,department of ,veterans ,affairs4,sec4 #bjd4 ,comptroller ,general of the ,united ,states study on accountability of chiefs of police of ,department of ,veterans ,affairs medical centers4 ,i ,employees generally #aja4 ,definitions ,in this title-- 7#a7 the term ,executive agency has the meaning given that term under section #aje of title #e1 ,united ,states ,code2 and 7#b7 the term executive branch employee means an employee of an ,executive agency4 #ajb4 ,whistleblower protections for probationary employees 7a7 ,in general ,section #abad of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7i7 7#a7 ,in this subsection1 the term covered probationary employee means an individual who-- 7,a7 is an employee in probationary status2 and 7,b7 has submitted to the ,special ,counsel an allegation of a prohibited personnel practice described in paragraph 7#h7 or subparagraph 7,a77i71 7,b71 7,c71 or 7,d7 of paragraph 7#i7 of section #bcjb7;b7 with respect to the individual4 7#b7 ,not later than #aj days after the date on which an agency terminates a covered probationary employee1 the ,special ,counsel shall determine whether a substantial likelihood exists that-- 7,a7 the agency engaged in the prohibited personnel practice alleged by the covered probationary employee1 as described in paragraph 7#a77;,b72 and 7,b7 the termination of the covered probationary employee was related to that prohibited personnel practice4 7#c7 7,a7 ,if the ,special ,counsel determines there is a substantial likelihood the circumstances described in paragraph 7#b7 exist1 the ,special ,counsel shall request and the ,merit ,systems ,protection ,board1 without further proceedings1 shall order a stay of the termination for #fj days for the ,special ,counsel to complete an investigation of the termination of the covered probationary employee4 7,b7 ,if1 before the end of the #fj-;day period described in subparagraph 7,a71 the ,special ,counsel determines that additional investigation is warranted1 the ,special ,counsel shall request and the ,merit ,systems ,protection ,board1 without further proceedings1 shall order a stay of the termination for such period as the ,special ,counsel determines appropriate1 which may not exceed an additional period of #f months4 7#d7 7,a7 ,if the ,special ,counsel determines that the agency employing a covered probationary employee engaged in the prohibited personnel practice alleged by the covered probationary employee1 as described in paragraph 7#a77;,b71 and the termination of the covered probationary employee was related to that prohibited personnel practice1 the ,special ,counsel shall request and the ,merit ,systems ,protection ,board1 without further proceedings1 shall order the reinstatement of the covered probationary employee4 7,b7 ,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 employee1 described in paragraph 7#a77;,b71 or that the termination of the covered probationary employee was not related to that prohibited personnel practice1 the ,special ,counsel shall request and the ,merit ,systems ,protection ,board1 without further proceedings1 shall order the immediate enforcement of the termination4 7,c7 ,an order reinstating a covered probationary employee may be appealed by the agency to the ,merit ,systems ,protection ,board under section #ggja4 7#e7 ,if a stay is granted to a covered probationary employee under paragraph 7#c7 or a covered probationary employee is reinstated under this subsection1 the head of the agency employing the covered probationary employee shall give priority to a request for a transfer submitted by the covered probationary employee4 4 7b7 ,individual right of action ,section #abba of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7k7 7#a7 ,in this subsection1 the term covered probationary employee has the meaning given that term under section #abad7;i77#a74 7#b7 ,in this section1 the term employee includes a covered probationary employee who is terminated1 including for purposes of seeking a stay under subsection 7c74 7#c7 ,if the ,merit ,systems ,protection ,board grants a stay to a covered probationary employee under subsection 7c71 the head of the agency employing the covered probationary employee shall give priority to a request for a transfer submitted by the covered probationary employee4 4 7c7 ,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 #bcjb7;b77#h7 of title #e1 ,united ,states ,code1 by the employees4 #ajc4 ,adequate access of ,special ,counsel to information ,section #abab7;b7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7#e7 7,a7 ,the ,special ,counsel1 in carrying out this subchapter1 is authorized to-- 7i7 have access to all records1 reports1 audits1 reviews1 documents1 papers1 recommendations1 or other material available to the applicable agency which relate to a matter within the jurisdiction or authority of the ,special ,counsel2 and 7ii7 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 subchapter4 7,b7 ,upon request of the ,special ,counsel for information or assistance under subparagraph 7,a77ii71 the head of the agency involved shall1 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 requested1 furnish to the ,special ,counsel such information or assistance4 4 #ajd4 ,removal or demotion of employees based on retaliation against whistleblowers 7a7 ,in general ,subchapter ,,ii of chapter #ge of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #geae4 ,removal or demotion of employees based on retaliation against whistleblowers 7a7 ,definition ,in this section1 the term retaliation against a whistleblower means a prohibited personnel practice described in paragraph 7#h7 or subparagraph 7,a77i71 7,b71 7,c71 or 7,d7 of paragraph 7#i7 of section #bcjb7;b74 7b7 ,removal or demotion 7#a7 ,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 whistleblower4 7#b7 ,imposition of action ,if the head of an agency removes or demotes an employee under this section1 the head of the agency may-- 7,a7 remove the employee from the civil service2 or 7,b7 demote the employee by means of-- 7i7 a reduction in grade for which the employee is qualified and that the head of the agency determines is appropriate2 or 7ii7 a reduction in annual rate of pay that the head of the agency determines is appropriate4 7c7 ,pay of certain demoted employees 7#a7 ,in general ,notwithstanding any other provision of law1 any employee subject to a demotion under subsection 7b77#b77;,b77i7 shall1 beginning on the date of the demotion1 receive the annual rate of pay applicable to the applicable grade4 7#b7 ,appeal ,an employee demoted under subsection 7b77#b77;,b77i7 may not be placed on administrative leave or any other category of paid leave during the period during which an appeal 7if any7 under this section is ongoing4 7#c7 ,failure to report ,an employee demoted under subsection 7b77#b77;,b77i7-- 7,a7 may only receive pay if the employee reports for duty2 and 7,b7 if the employee does not report for duty1 shall not receive pay or other benefits described in subsection 7f77#e74 7d7 ,notice to congress ,not later than #cj days after removing or demoting an employee under subsection 7b71 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 demotion4 7e7 ,procedure 7#a7 ,in general ,the procedures under section #geac7;b7 and chapter #dc1 shall not apply to a removal or demotion under this section4 7#b7 ,appeal 7,a7 ,in general ,subject to subparagraph 7,b7 and subsection 7f71 any removal or demotion under subsection 7b7 may be appealed to the ,merit ,systems ,protection ,board under section #ggja4 7,b7 ,time for making an appeal ,an appeal under subparagraph 7,a7 of a removal or demotion may only be made if the appeal is made not later than #g days after the date of the removal or demotion4 7f7 ,expedited review by administrative law judge 7#a7 ,in general ,upon receipt of an appeal under subsection 7e77#b77;,a71 the ,merit ,systems ,protection ,board shall refer the appeal to an administrative law judge under section #ggja7;b77#a71 who shall expedite the appeal and issue a decision not later than #de days after the date of the appeal4 7#b7 ,finality of decision ,notwithstanding any other provision of law1 including section #ggjc1 the decision of an administrative law judge under paragraph 7#a7 shall be final and shall not be subject to any further appeal4 7#c7 ,delay in decision ,if an administrative law judge cannot issue a decision before the end of the #de-;day period described in paragraph 7#a7-- 7,a7 the removal or demotion is final2 and 7,b7 not later than #ad days after the end of the #de-;day period1 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 period4 7#d7 ,no stays ,the ,merit ,systems ,protection ,board or administrative law judge may not stay any removal or demotion under this section4 7#e7 ,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 7e7 and ending on the date that the administrative law judge issues a final decision on the appeal1 the employee may not receive any pay1 awards1 bonuses1 incentives1 allowances1 differentials1 student loan repayments1 special payments1 or benefits4 7#f7 ,assistance by agency ,to the maximum extent practicable1 the head of an agency shall provide to the ,merit ,systems ,protection ,board1 and to any administrative law judge to whom an appeal under this section is referred1 such information and assistance as may be necessary to ensure an appeal under this subsection is expedited4 7g7 ,limitation on removal or demotion ,if an employee seeking corrective action 7or on behalf of whom corrective action is sought7 from the ,office of ,special ,counsel based on an alleged prohibited personnel practice1 the head of an agency may not remove or demote the employee under subsection 7b7 without the approval of the ,special ,counsel under section #abad7;f74 7h7 ,relation to other provisions of law 7#a7 ,additional authority ,the authority provided by this section is in addition to any authority provided under this chapter or chapter #dc4 7#b7 ,not subject to other provisions ,the requirements under any other provision of this chapter shall not apply to any action under this section4 4 7b7 ,technical and conforming amendments 7#a7 ,the table of sections for subchapter ,,ii of chapter #ge of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #geae4 ,removal or demotion of employees based on retaliation against whistleblowers4 4 7#b7 ,section #dcjc7;f7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 by striking or at the end of paragraph 7#b72 7,b7 by striking the period at the end of paragraph 7#c7 and inserting 1 or2 and 7,c7 by adding at the end the following3 7#d7 any removal or demotion under section #geae4 4 #aje4 ,suicide by executive branch employees 7a7 ,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 agency1 or senior ethics official of the ,executive agency for an ,executive agency without an ,inspector ,general1 to determine whether the suicide of the executive branch employee was work-related4 7b7 ,information to next of kin 7#a7 ,in general ,subject to paragraph 7#b71 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 employee4 7#b7 ,national security exception ,the head of an ,executive agency may withhold information in a personnel file under paragraph 7#a7 if the head determines the disclosure of the information would likely compromise national security4 #ajf4 ,access to medical files 7a7 ,in general ,except for an emergency situation1 an executive branch employee may not access the medical record of another executive branch employee1 unless the executive branch employee whose medical record will be accessed provides consent to the access4 7b7 ,emergency situations ,the ,director of the ,office of ,management and ,budget shall promulgate regulations defining the term emergency situation for purposes of this section4 #ajg4 ,training for supervisors ,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-- 7#a7 executive branch employees appointed to supervisory positions in the ,executive agency who have not previously served as a supervisor2 and 7#b7 on an annual basis1 to all executive branch employees of the ,executive agency serving in a supervisory position4 #ajh4 ,information on whistleblower protections 7a7 ,in general ,chapter #bc of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #bcjg4 ,information on whistleblower protections 7a7 ,definitions ,in this section-- 7#a7 the term new employee means an individual-- 7,a7 appointed to a position as an employee on or after the date of enactment of the ,dr4 ,chris ,kirkpatrick ,whistleblower ,protection ,act of #bjae2 and 7,b7 who has not previously served as an employee2 and 7#b7 the term whistleblower protections means-- 7,a7 the protections against and remedies for a prohibited personnel practice described in paragraph 7#h7 or subparagraph 7,a77i71 7,b71 7,c71 or 7,d7 of paragraph 7#i7 of section #bcjb7;b72 and 7,b7 similar protections for an employee under any other provision of law4 7b7 ,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 ,counsel4 7c7 ,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 establishment4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #bc of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #bcjg4 ,information on whistleblower protections4 4 ,,ii ,department of ,veterans ,affairs employees #bja4 ,protecting medical privacy of employees of the ,department of ,veterans ,affairs 7a7 ,in general ,chapter #g of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #gad4 ,accessing of medical records of employees 7a7 ,notice of access 7#a7 ,not later than five days after an employee of the ,department accesses the medical record of another employee of the ,department1 the ,secretary shall notify the such other employee of such access4 7#b7 ,notice under paragraph 7#a7 shall include the following3 7,a7 ,the name of the employee accessing the medical record4 7,b7 ,the date and time the employee accessed the medical record4 7,c7 ,the period during which the employee accessed the medical record4 7,d7 ,a description of any modification of the medical record made by the employee4 7b7 ,determination of prohibited access 7#a7 ,if an employee of the ,department receives notice under subsection 7a7 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 law1 the employee shall file a complaint with the ,office of ,accountability ,review4 7#b7 ,if the ,office of ,accountability ,review receives a complaint from an employee with respect to a notice that the employee received under subsection 7a7 not more than #de days after the notice was transmitted to the employee1 the ,office of ,accountability ,review shall1 not later than #cj days after receiving such complaint-- 7,a7 determine whether the access identified in the notice was conducted in violation of an applicable provision of ,federal privacy law2 and 7,b7 notify the employee of the determination4 7c7 ,action in response to unauthorized access 7#a7 ,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 law1 the ,secretary shall-- 7,a7 for the first such access1 issue an order that1 for the two-year period beginning on the date of the order1 the employee is not eligible to receive any bonus or cash award from the ,department1 including-- 7i7 an award under chapter #de of title #e2 7ii7 an award under section #echd of title #e2 and 7iii7 a retention bonus under section #eged of title #e2 7,b7 for the second such access1 suspend the employee for not less than #ad days2 and 7,c7 for the third such access1 terminate the employee4 7#b7 ,any action under paragraph 7#a7-- 7,a7 shall be taken in accordance with chapter #ge of title #e2 and 7,b7 may be appealed to the ,merit ,systems ,protection ,board under section #ggja of title #e4 7d7 ,applicable provision of ,federal privacy law defined ,in this section1 the term applicable provision of ,federal privacy law includes the following3 7#a7 ,the ,federal regulations 7concerning the privacy of individually identifiable health information7 promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif4 7#b7 ,section #eeb;a of title #e 7commonly known as the ,privacy ,act of #aigd74 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #g of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new item3 #gad4 ,accessing of medical records of employees4 4 #bjb4 ,mental health services for employees of the ,department of ,veterans ,affairs 7a7 ,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 them4 7b7 ,study on use of mental health professionals of the ,department ,to provide services to employees 7#a7 ,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 ,department4 7#b7 ,report ,upon completion of the study required by paragraph 7#a71 the ,secretary shall submit to ,congress a report on the findings of the ,secretary with respect to the study4 #bjc4 ,protocols to address threats against employees of the ,department of ,veterans ,affairs ,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 care4 #bjd4 ,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 reporting1 accountability1 and chain of command structure of the ,department of ,veterans ,affairs police officers at medical centers of the ,department4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,dr4 ,chris ,kirkpatrick ,whistleblower ,protection ,act of #bjae4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,employees generally ,sec4 #aja4 ,definitions4 ,sec4 #ajb4 ,stays2 probationary employees4 ,sec4 #ajc4 ,adequate access of ,special ,counsel to information4 ,sec4 #ajd4 ,prohibited personnel practices4 ,sec4 #aje4 ,discipline of supervisors based on retaliation against whistleblowers4 ,sec4 #ajf4 ,suicide by employees4 ,sec4 #ajg4 ,training for supervisors4 ,sec4 #ajh4 ,information on whistleblower protections4 ,,title ,,ii--,department of ,veterans ,affairs employees ,sec4 #bja4 ,prevention of unauthorized access to medical records of employees of the ,department of ,veterans ,affairs4 ,sec4 #bjb4 ,outreach on availability of mental health services available to employees of the ,department of ,veterans ,affairs4 ,sec4 #bjc4 ,protocols to address threats against employees of the ,department of ,veterans ,affairs4 ,sec4 #bjd4 ,comptroller ,general of the ,united ,states study on accountability of chiefs of police of ,department of ,veterans ,affairs medical centers4 ,i ,employees generally #aja4 ,definitions ,in this title-- 7#a7 the terms agency and personnel action have the meanings given such terms under section #bcjb of title #e1 ,united ,states ,code2 and 7#b7 the term employee means an employee 7as defined in section #baje of title #e1 ,united ,states ,code7 of an agency4 #ajb4 ,stays2 probationary employees 7a7 ,request by ,special ,counsel ,section #abad7;b77#a7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7,e7 ,if the ,merit ,systems ,protections ,board grants a stay under this subsection1 the head of the agency employing the employee shall give priority to a request for a transfer submitted by the employee4 4 7b7 ,individual right of action for probationary employees ,section #abba of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7k7 ,if the ,merit ,systems ,protection ,board grants a stay to an employee in probationary status under subsection 7c71 the head of the agency employing the employee shall give priority to a request for a transfer submitted by the employee4 4 7c7 ,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 status4 #ajc4 ,adequate access of ,special ,counsel to information ,section #abab7;b7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7#e7 ,the ,special ,counsel1 in carrying out this subchapter1 is authorized to-- 7,a7 have access to all records1 reports1 audits1 reviews1 documents1 papers1 recommendations1 or other material available to the applicable agency which relate to a matter within the jurisdiction or authority of the ,special ,counsel2 and 7,b7 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 subchapter4 4 #ajd4 ,prohibited personnel practices ,section #bcjb7;b7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#ab71 by striking or at the end2 7#b7 in paragraph 7#ac71 by striking the period at the end and inserting 2 or2 and 7#c7 by inserting after paragraph 7#ac7 the following3 7#ad7 access the medical record of another employee for the purpose of retaliation for a disclosure or activity protected under paragraph 7#h7 or 7#i74 4 #aje4 ,discipline of supervisors based on retaliation against whistleblowers 7a7 ,in general ,subchapter ,,ii of chapter #ge of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #geae4 ,discipline of supervisors based on retaliation against whistleblowers 7a7 ,definitions ,in this section-- 7#a7 the term agency has the meaning given that term under section #bcjb2 7#b7 the term prohibited personnel action means taking or failing to take an action in violation of paragraph 7#h71 7#i71 or 7#ad7 of section #bcjb7;b7 against an employee of an agency2 and 7#c7 the term supervisor means a supervisor1 as defined under section #gajc7;a71 who is employed by an agency1 as defined under paragraph 7#a7 of this subsection4 7b7 ,proposed adverse actions 7#a7 ,in general ,in accordance with paragraph 7#b71 the head of an agency shall propose against a supervisor whom the head of that agency1 an administrative law judge1 the ,merit ,systems ,protection ,board1 the ,office of ,special ,counsel1 an adjudicating body provided under a union contract1 a ,federal judge1 or the ,inspector ,general of the agency determines committed a prohibited personnel action the following adverse actions3 7,a7 ,with respect to the first prohibited personnel action1 an adverse action that is not less than a #ab-;day suspension4 7,b7 ,with respect to the second prohibited personnel action1 removal4 7#b7 ,procedures 7,a7 ,notice ,a supervisor against whom an adverse action under paragraph 7#a7 is proposed is entitled to written notice4 7,b7 ,answer and evidence 7i7 ,in general ,a supervisor who is notified under subparagraph 7,a7 that the supervisor is the subject of a proposed adverse action under paragraph 7#a7 is entitled to #ad days following such notification to answer and furnish evidence in support of the answer4 7ii7 ,no evidence ,after the end of the #ad-;day period described in clause 7i71 if a supervisor does not furnish evidence as described in clause 7i7 or if the head of the agency determines that such evidence is not sufficient to reverse the proposed adverse action1 the head of the agency shall carry out the adverse action4 7,c7 ,scope of procedures ,paragraphs 7#a7 and 7#b7 of subsection 7b7 of section #geac1 subsection 7c7 of such section1 paragraphs 7#a7 and 7#b7 of subsection 7b7 of section #gedc1 and subsection 7c7 of such section shall not apply with respect to an adverse action carried out under this subsection4 7c7 ,limitation on other adverse actions ,with respect to a prohibited personnel action1 if the head of the agency carries out an adverse action against a supervisor under another provision of law1 the head of the agency may carry out an additional adverse action under this section based on the same prohibited personnel action4 4 7b7 ,technical and conforming amendment ,the table of sections for subchapter ,,ii of chapter #ge of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #geae4 ,discipline of supervisors based on retaliation against whistleblowers4 4 #ajf4 ,suicide by employees 7a7 ,referral ,the head of an agency shall refer to the ,office of ,special ,counsel1 along with any information known to the agency regarding the circumstances described in paragraphs 7#b7 and 7#c71 any instance in which the head of the agency has information indicating-- 7#a7 an employee of the agency committed suicide2 7#b7 prior to the death of the employee1 the employee made any disclosure of information which reasonably evidences-- 7,a7 any violation of any law1 rule1 or regulation2 or 7,b7 gross mismanagement1 a gross waste of funds1 an abuse of authority1 or a substantial and specific danger to public health or safety2 and 7#c7 after a disclosure described in paragraph 7#b71 a personnel action was taken against the employee4 7b7 ,office of special counsel review ,for any referral to the ,office of ,special ,counsel under subsection 7a71 the ,office of ,special ,counsel shall-- 7#a7 examine whether any personnel action was taken because of any disclosure of information described in subsection 7a77#b72 and 7#b7 take any action the ,office of ,special ,counsel determines appropriate under subchapter ,,ii of chapter #ab of title #e1 ,united ,states ,code4 #ajg4 ,training for supervisors ,in consultation with the ,office of ,special ,counsel and the ,inspector ,general of the agency 7or senior ethics official of the agency for an agency without an ,inspector ,general71 the head of each agency shall provide training regarding how to respond to complaints alleging a violation of whistleblower protections 7as defined in section #bcjg of title #e1 ,united ,states ,code1 as added by section #ajh7 available to employees of the agency-- 7#a7 to employees appointed to supervisory positions in the agency who have not previously served as a supervisor2 and 7#b7 on an annual basis1 to all employees of the agency serving in a supervisory position4 #ajh4 ,information on whistleblower protections 7a7 ,existing provision 7#a7 ,in general ,section #bcjb of title #e1 ,united ,states ,code1 is amended-- 7,a7 by striking subsection 7c72 and 7,b7 by redesignating subsections 7d71 7e71 and 7f7 as subsections 7c71 7d71 and 7e71 respectively4 7#b7 ,technical and conforming amendments 7,a7 ,section #deje;a7b77#b7 of title #e1 ,united ,states ,code1 is amended by striking section #bcjb7;d7 and inserting section #bcjb7;c74 7,b7 ,section #egee7;b77#b7 of title #e1 ,united ,states ,code1 is amended by striking section #bcjb7;d7 and inserting section #bcjb7;c74 7,c7 ,section #aaj7;b77#b7 of the ,whistleblower ,protection ,enhancement ,act of #bjab 7#e ,u4,s4,c4 #bcjb note7 is amended by striking section #bcjc7;f77#a7 or 7#b7 and inserting section #bcjc7;e77#a7 or 7#b74 7,d7 ,section #gjd of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdd7 is amended by striking #bcjb7;c7 each place it appears and inserting #bcjg4 7,e7 ,section #abag7;d77#c7 of the ,panama ,canal ,act of #aigi 7#bb ,u4,s4,c4 #cfeg7;d77#c77 is amended by striking section #bcjb7;d7 and inserting section #bcjb7;c74 7,f7 ,section #abcc7;b7 of the ,panama ,canal ,act of #aigi 7#bb ,u4,s4,c4 #cfgc7;b77 is amended by striking section #bcjb7;d7 and inserting section #bcjb7;c74 7b7 ,provision of information ,chapter #bc of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #bcjg4 ,information on whistleblower protections 7a7 ,definitions ,in this section-- 7#a7 the term agency has the meaning given that term in section #bcjb2 7#b7 the term new employee means an individual-- 7,a7 appointed to a position as an employee of an agency on or after the date of enactment of the ,dr4 ,chris ,kirkpatrick ,whistleblower ,protection ,act of #bjae2 and 7,b7 who has not previously served as an employee2 and 7#c7 the term whistleblower protections means the protections against and remedies for a prohibited personnel practice described in paragraph 7#h71 subparagraph 7,a77i71 7,b71 7,c71 or 7,d7 of paragraph 7#i71 or paragraph 7#ad7 of section #bcjb7;b74 7b7 ,responsibilities of head of agency ,the head of each agency shall be responsible for the prevention of prohibited personnel practices1 for the compliance with and enforcement of applicable civil service laws1 rules1 and regulations1 and other aspects of personnel management1 and for ensuring 7in consultation with the ,special ,counsel and the ,inspector ,general of the agency7 that employees of the agency are informed of the rights and remedies available to them under this chapter and chapter #ab1 including-- 7#a7 information regarding whistleblower protections available to new employees during the probationary period2 7#b7 the role of the ,office of ,special ,counsel and the ,merit ,systems ,protection ,board with regard to whistleblower protections2 and 7#c7 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 ,counsel1 the ,inspector ,general of an agency1 ,congress1 or other agency employee designated to receive such disclosures4 7c7 ,timing ,the head of each agency shall ensure that the information required to be provided under subsection 7b7 is provided to each new employee of the agency not later than #f months after the date the new employee is appointed4 7d7 ,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 agency1 and on any online portal that is made available only to employees of the agency if one exists4 7e7 ,delegees ,any employee to whom the head of an agency delegates authority for personnel management1 or for any aspect thereof1 shall1 within the limits of the scope of the delegation1 be responsible for the activities described in subsection 7b74 4 7c7 ,technical and conforming amendment ,the table of sections for chapter #bc of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #bcjg4 ,information on whistleblower protections4 4 ,,ii ,department of ,veterans ,affairs employees #bja4 ,prevention of unauthorized access to medical records of employees of the ,department of ,veterans ,affairs 7a7 ,development of plan 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall-- 7,a7 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 records2 7,b7 submit to the appropriate committees of ,congress the plan developed under subparagraph 7,a72 and 7,c7 upon request1 provide a briefing to the appropriate committees of ,congress with respect to the plan developed under subparagraph 7,a74 7#b7 ,elements ,the plan required under paragraph 7#a7 shall include the following3 7,a7 ,a detailed assessment of strategic goals of the ,department for the prevention of unauthorized access to the medical records of employees of the ,department4 7,b7 ,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 ,department4 7,c7 ,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 records4 7,d7 ,steps the ,secretary will take1 including plans to issue new regulations1 as necessary1 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 format4 7,e7 ,a proposed timetable for the implementation of such plan4 7,f7 ,an estimate of the costs associated with implementing such plan4 7b7 ,appropriate committees of ,congress defined ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on ,veterans' ,affairs of the ,senate2 and 7#b7 the ,committee on ,oversight and ,government ,reform and the ,committee on ,veterans' ,affairs of the ,house of ,representatives4 #bjb4 ,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 services1 including telemedicine options1 that are available to them4 #bjc4 ,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 care4 #bjd4 ,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 reporting1 staffing1 accountability1 and chain of command structure of the ,department of ,veterans ,affairs police officers at medical centers of the ,department4 ,amend the title so as to read3 ,a bill to provide greater whistleblower protections for ,federal employees1 increased awareness of ,federal whistleblower protections1 and increased accountability and required discipline for ,federal supervisors who retaliate against whistleblowers1 and for other purposes44 ,may #bf1 #bjaf,reported with an amendment and an amendment to the title