,,ii  #aaeth ,,congress  #ast ,session  
,s4 #ehe  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,march #h1 #bjag,mr4
 ,johnson 7for himself and ,mrs4 ,ernst7
 introduced the following bill2 which   
was read twice and referred to the      
,committee on ,homeland ,security and   
,governmental ,affairs  ,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   
purposes4  #a4 ,short title2 table of   
contents  7a7 ,short title ,this ,act   
may be cited as the ,dr4 ,chris         
,kirkpatrick ,whistleblower ,protection 
,act of #bjag4  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 ,prohibited       
personnel practices4,sec4 #ajd4         
,discipline of supervisors based on     
retaliation against whistleblowers4,sec4
 #aje4 ,suicide by employees4,sec4 #ajf4
 ,training for supervisors4,sec4 #ajg4  
,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 term agency--

  7,a7 except as provided in            
subparagraph 7,b71 means an entity that 
is an agency1 as defined under section  
#bcjb of title #e1 ,united ,states      
,code1 without regard to whether one or 
more portions of title #e of the ,united
 ,states ,code are inapplicable to the  
entity2 and  7,b7 does not include any  
entity that is an element of the        
intelligence community1 as defined in   
section #c7d7 of the ,national ,security
 ,act of #aidg 7#ej ,u4,s4,c4 #cjjc7d772
  7#b7 the term employee means an       
employee 7as defined in section #baje of
 title #e1 ,united ,states ,code7 of an 
agency2 and  7#c7 the term personnel    
action has the meaning given that term  
under section #bcjb of title #e1 ,united
 ,states ,code4  #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
 ,protection ,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      
,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         
,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 or an
 applicant for employment as a part of1 
or otherwise in furtherance of1 any     
conduct described in paragraphs 7#a7    
through 7#ac74  4  #ajd4 ,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--  7,a7 except as      
provided in subparagraph 7,b71 means an 
entity that is an agency1 as defined    
under section #bcjb1 without regard to  
whether any other provision of this     

chapter is applicable to the entity2 and
  7,b7 does not include any entity that 
is an element of the intelligence       
community1 as defined in section #c7d7  
of the ,national ,security ,act of #aidg
 7#ej ,u4,s4,c4 #cjjc7d772  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 an employee who   
would be a supervisor1 as defined under 
section #gajc7;a71 if the entity        
employing the employee was an agency4   
7b7 ,proposed disciplinary actions  7#a7
 ,in general ,if the head of the agency 
employing a supervisor1 an              
administrative law judge1 the ,merit    
,systems ,protection ,board1 the        
,special ,counsel1 a judge of the       
,united ,states1 or the ,inspector      
,general of the agency employing a      
supervisor determines that the          
supervisor has committed a prohibited   

personnel action1 the head of the agency
 employing the supervisor1 in accordance
 with the procedures required under     
paragraph 7#b7--  7,a7 for the first    
prohibited personnel action committed by
 a supervisor-- 7i7 shall propose       
suspending the supervisor for a period  
of not less than #c days2 and  7ii7 may1
 in addition to a suspension described  
in clause 7i71 propose any other action1
 including a reduction in grade or pay1 
that the head of the agency determines  
appropriate2 and  7,b7 for the second   
prohibited personnel action committed by
 a supervisor1 shall propose removing   
the supervisor4  7#b7 ,procedures  7,a7 
,notice ,a supervisor against whom an   
action is proposed to be taken under    
paragraph 7#a7 is entitled to written   
notice--  7i7 stating the specific      
reasons for the proposed action2 and    
7ii7 informing the supervisor of the    
right of the supervisor to review the   
material which is relied on to support  
the reasons for the proposed action4    

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 
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 furnished2 insufficient        
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 action1 the head of the    
agency shall carry out the action4  7,c7
 ,scope of procedures ,an action carried
 out under this section-- 7i7 except as 
provided in clause 7ii71 shall be       
subject to the same requirements and    
procedures 7including regarding appeals7
 as an action under section #gejc1      
#geac1 or #gedc2 and  7ii7 shall not be 
subject to-- 7,i7 paragraphs 7#a7 and   

7#b7 of section #gejc7;b72  7,,ii7      
paragraphs 7#a7 and 7#b7 of subsection  
7b7 and subsection 7c7 of section #geac2
 or  7,,iii7 paragraphs 7#a7 and 7#b7 of
 subsection 7b7 and subsection 7c7 of   
section #gedc4  7#c7 ,delegation  7,a7  
,in general ,except as provided in      
paragraph 7,b71 the head of an agency   
may delegate any authority or           
responsibility under this subsection4   
7,b7 ,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 7#a71  
the head of the agency may not delegate 
that responsibility4  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  #aje4 ,suicide by  

employees  7a7 ,referral ,the head of an
 agency shall refer to the ,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 ,special       
,counsel under subsection 7a71 the      
,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 ,special       
,counsel determines appropriate under   
subchapter ,,ii of chapter #ab of title 
#e1 ,united ,states ,code4  #ajf4       
,training for supervisors ,in           
consultation with the ,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 #ajg7 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  #ajg4 ,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--  7,a7  
except as provided in subparagraph 7,b71
 has the meaning given that term in     
section #bcjb2 and  7,b7 does not       
include any entity that is an element of
 the intelligence community1 as defined 
in section #c7d7 of the ,national       
,security ,act of #aidg 7#ej ,u4,s4,c4  
#cjjc7d772  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 #bjag2 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 begins performing service as an
 employee4  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