Title I — Employees Generally

“(E) If the Merit Systems Protection Board grants a stay under this subsection, the head of the agency employing the employee shall give priority to a request for a transfer submitted by the employee.”

“(k) If the Merit Systems Protection Board grants a stay to an employee in probationary status under subsection (c), the head of the agency employing the employee shall give priority to a request for a transfer submitted by the employee.”

“(14) access the medical record of another employee or an applicant for employment as a part of, or otherwise in furtherance of, any conduct described in paragraphs (1) through (13).”

Ҥ 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

“(B) does not include any entity that is an element of the intelligence community, as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4));

“(2) the term ‘prohibited personnel action’ means taking or failing to take an action in violation of paragraph (8), (9), or (14) of section 2302(b) against an employee of an agency; 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.

“(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; and

“(ii) may, in addition to a suspension described in clause (i), propose any other action, including a reduction in grade or pay, that the head of the agency determines appropriate; and

“(B) for the second prohibited personnel action committed by a supervisor, shall propose removing the supervisor.

“(2) Procedures.—

“(A) Notice.—A supervisor against whom an action is proposed to be taken under paragraph (1) is entitled to written notice—

“(i) stating the specific reasons for the proposed action; and

“(ii) informing the supervisor of the right of the supervisor to review the material which is relied on to support the reasons for the proposed action.

“(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.

“(ii) No evidence furnished; insufficient evidence.—After the end of the 14-day period described in clause (i), if a supervisor does not furnish evidence as described in clause (i) or if the head of the agency determines that such evidence is not sufficient to reverse the proposed action, the head of the agency shall carry out the action.

“(C) Scope of procedures.—An action carried out under this section—

“(i) except as provided in clause (ii), shall be subject to the same requirements and procedures (including regarding appeals) as an action under section 7503, 7513, or 7543; and

“(ii) shall not be subject to—

“(I) paragraphs (1) and (2) of section 7503(b);

“(II) paragraphs (1) and (2) of subsection (b) and subsection (c) of section 7513; or

“(III) paragraphs (1) and (2) of subsection (b) and subsection (c) of section 7543.

“(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) 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 (1), the head of the agency may not delegate that responsibility.”

“7515. Discipline of supervisors based on retaliation against whistleblowers.”.

Ҥ 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; and

“(B) does not include any entity that is an element of the intelligence community, as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4));

“(2) the term ‘new employee’ means an individual—

“(A) appointed to a position as an employee of an agency on or after the date of enactment of the Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017; and

“(B) who has not previously served as an employee; and

“(3) the term ‘whistleblower protections’ means the protections against and remedies for a prohibited personnel practice described in paragraph (8), subparagraph (A)(i), (B), (C), or (D) of paragraph (9), or paragraph (14) of section 2302(b).

“(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;

“(2) the role of the Office of Special Counsel and the Merit Systems Protection Board with regard to whistleblower protections; 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.

“(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.

“(d) 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 agency, and on any online portal that is made available only to employees of the agency if one exists.

“(e) Delegees.—Any employee to whom the head of an agency delegates authority for personnel management, or for any aspect thereof, shall, within the limits of the scope of the delegation, be responsible for the activities described in subsection (b).”

“2307. Information on whistleblower protections.”.