Sec. 201. Employee protections against retaliation
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Title VI of the Indian Health Care Improvement Act ( 25 U.S.C. 1661 et seq.), as amended by sections 105 and 106, is further amended by adding at the end the following: The Secretary shall designate an official in the Department who is not an employee of the Service to— receive reports from an employee of the Service who witnesses retaliation against a whistleblower, a violation of a patient safety requirement, or other similar conduct; and conduct active and ongoing outreach to all employees of the Service about— Federal and Department systems for reporting retaliation against whistleblowers; and the duty of individual employees of the Service to report violations of patient safety requirements and other similar conduct.
Not later than 3 days after the date on which the official designated by the Secretary under paragraph
(1)receives a report under paragraph (1)(A), the Secretary shall— formally review the report; and provide a copy of such report and any other relevant information to the Inspector General of the Department. The Secretary may remove for misconduct from the civil service (as defined in section 2101 of title 5, United States Code), in accordance with sections 606 and 607, an employee of the Service if the Secretary determines, after completing a report review described in paragraph (2), that the employee has retaliated against a whistleblower and warrants removal. The Secretary shall carry out any actions determined necessary by the Secretary to enhance protection for whistleblowers, including identifying appropriate Service employees and requiring the employees to complete the Office of Special Counsel's Whistleblower Certification Program. In this section: The term retaliation — means an adverse employment action or any significantly adverse action against a whistleblower, such as the refusal or delay of care provided through the Service; and includes instances where the adverse action described in subparagraph
(A)is perpetrated against a family member or friend of the whistleblower because of the whistleblower’s disclosure of information. The term whistleblower means an employee of Service who discloses information— that the employee reasonably believes evidences— a violation of any law, rule, or regulation; or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; and if such disclosure is not specifically prohibited by law and if such information is not specifically required by Executive Order to be kept secret in the interest of national defense or the conduct of foreign affairs. .
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Sec. 201
Employee protections against retaliation
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