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. ) is amended by adding at the end the following: In this section: The term information means information— the disclosure of which is not specifically prohibited by law; and that is not specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs. The term retaliation , with respect to a whistleblower, means— an adverse employment action against the whistleblower; a significantly adverse action against the whistleblower, such as the refusal or delay of care provided through the Service; and an adverse action described in subparagraph
(A)or
(B)against a family member or friend of the whistleblower. The term whistleblower means an employee of the Service who discloses information that the employee reasonably believes evidences— a violation of any law, rule, regulation, or Service policy; or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. The Secretary shall designate an official in the Department who is not an employee of the Service to receive reports under paragraph (2). An employee of the Service who witnesses retaliation against a whistleblower, a violation of a patient safety requirement, or other similar conduct shall submit to the official designated under paragraph
(1)a report of the conduct. Not later than 3 days after the date on which the official designated under paragraph
(1)receives a report under paragraph (2), the Secretary shall— formally review the report; and provide a copy of the 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 section 606 or 607, as applicable, an employee of the Service if the Secretary determines, after completing a review described in paragraph (3), that the employee has retaliated against a whistleblower and warrants removal for misconduct. Retaliation by an employee against a whistleblower, as described in subparagraph (A), shall be considered to be misconduct for purposes of sections 606 and 607. 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. .
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Sec. 201
Employee protections against retaliation
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