Should There be Stronger Protections for Whistleblowers at the VA and Other Agencies? (S. 585)

What is S. 585?

(Updated October 31, 2019)

This bill was enacted on October 26, 2017

This bill — the  Dr. Chris Kirkpatrick Whistleblower Protection Act — would strengthen penalties for federal employees who retaliate against whistleblowers, add protections for probationary period employees, and ensure federal employees have a greater knowledge of whistleblower protections. It would also prohibit an employee who has the authority to take a personnel action to access the medical records of another employee or applicant, and authorize disciplinary action against supervisors for retaliating against whistleblowers.

Federal agencies would be required 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:

• The Office of Special Counsel (OSC) if OSC determines the personnel action was, or is to be taken as a result of a prohibited personnel practice — like in retaliation for whistleblowing.

• The employee if they are in probationary status and seek corrective action.

Agencies would be required to:

• Refer information about employee suicides to the OSC;

• Train supervisors on responding to complaints alleging whistleblower protections violations;

• Provide information regarding whistleblower protections to new employees during probationary periods;

• Inform employees of the role of the OSC and the MSPB with regard to whistleblower protection;

• Make information about such protections available on agency websites.

The Dept. of Veterans Affairs (VA) would be required to:

• Submit a plan to prevent unauthorized access to the medical records of VA employees;

• Conduct an outreach program to inform its employees of available mental health services, including telemedicine options;

• Ensure protocols are in effect to address threats against VA employees providing healthcare.

The Government Accountability Office (GAO) would be required to assess the reporting, staffing, accountability, and chain of command structure of VA police officers at VA medical centers. It would also be required to report on retaliation against employees on probationary status.

This bill is named after Dr. Chris Kirkpatrick, a whistleblower who worked as a psychologist for the VA and reported excessive prescription practices at the VA medical center in Tomah, WI. Kirkpatrick took his own life the same day he was fired in retaliation for blowing the whistle.

Argument in favor

This bill would help safeguard whistleblowers who speak up about corruption and mismanagement at the VA and other agencies and hold those who retaliate against them accountable.

Argument opposed

Existing protections for whistleblowers are sufficient to keep them from being retaliated against or give them a way to seek corrective action if they are. Federal employees are already aware of their rights.

Impact

Federal employees, especially those at the VA; whistleblowers; federal agencies, particularly the VA; and the OSC.

Cost of S. 585

The CBO estimates that enacting this bill would cost $3 million over the 2018-2022 period.

Additional Info

In-Depth: Sponsoring Sen. Ron Johnson (R-WI) introduced this bill to improve whistleblower protections at the VA and other federal agencies:

“Individuals who expose wrongdoing at VA medical facilities should be thanked and listened to, not silenced and subject to mistreatment. I’m pleased to partner with Sen. Ernst to ensure future whistleblowers like Dr. Kirkpatrick receive the support they deserve.”

Lead cosponsor Sen. Joni Ernst (R-IA) added:

“This commonsense legislation would help to safeguard whistleblowers who speak up about corruption and mistreatment in our VA system, and take additional steps to hold retaliators responsible. Efforts to fix the VA must be protected, not punished, as we work to improve access to timely and quality care for our nation’s veterans.”

This legislation passed both the Senate Homeland Security and Governmental Affairs Committee and the Senate as a whole unanimously.

Media:

• Sponsoring Sen. Ron Johnson (R-WI) Press Release
  
• CBO Cost Estimate
  
• USA Today
  
• Government Accountability Project (In Favor)