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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2190 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 2190

  To improve accountability of senior officials and other supervisory 
                 employees of the Department of Labor.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 9, 2019

  Mr. Smucker (for himself and Mr. Rooney of Florida) introduced the 
 following bill; which was referred to the Committee on Education and 
Labor, and in addition to the Committee on Oversight and Reform, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
  To improve accountability of senior officials and other supervisory 
                 employees of the Department of Labor.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Department of 
Labor Accountability Act of 2019''.

SEC. 2. SENIOR EXECUTIVES: REMOVAL, DEMOTION, OR SUSPENSION BASED ON 
              PERFORMANCE OR MISCONDUCT.

    (a) Authority.--The Secretary may, as provided in this section, 
reprimand or suspend, involuntarily reassign, demote, or remove a 
covered employee from a senior executive position at the Department if 
the Secretary determines that the misconduct or performance of the 
covered employee warrants such action. If the Secretary so removes such 
an individual, the Secretary may remove the individual from the civil 
service (as defined in section 2101 of title 5, United States Code).
    (b) Rights and Procedures.--
            (1) Rights.--A covered employee who is the subject of an 
        action under subsection (a) is entitled to--
                    (A) advance notice of the action and a file 
                containing all evidence in support of the proposed 
                action;
                    (B) be represented by an attorney or other 
                representative of the covered employee's choice; and
                    (C) grieve the action in accordance with an 
                internal grievance process that the Secretary, in 
                consultation with the Whistleblower Protection 
                Ombudsman, shall establish for purposes of this 
                subsection.
            (2) Timing.--
                    (A) The aggregate period for notice, response, and 
                decision on an action under subsection (a) may not 
                exceed 15 business days.
                    (B) The period for the response of a covered 
                employee to a notice under paragraph (1)(A) of an 
                action under subsection (a) shall be 7 business days.
                    (C) A decision under this paragraph on an action 
                under subsection (a) shall be issued not later than 15 
                business days after notice of the action is provided to 
                the covered individual under paragraph (1)(A). The 
                decision shall be in writing, and shall include the 
                specific reasons therefor.
                    (D) The Secretary shall ensure that the grievance 
                process established under paragraph (1)(C) takes fewer 
                than 21 days.
            (3) Finality.--A decision under this subsection (a) that is 
        not grieved, and a grievance decision under paragraph (2)(D), 
        shall be final and conclusive.
            (4) Judicial review.--A covered employee adversely affected 
        by a decision under subsection (a) that is not grieved, or by a 
        grievance decision under paragraph (2)(D), may obtain judicial 
        review of such decision.
            (5) Action of the court.--In any case in which judicial 
        review is sought under paragraph (4), the court shall review 
        the record and may set aside any Department action found to 
        be--
                    (A) arbitrary, capricious, an abuse of discretion, 
                or otherwise not in accordance with a provision of law;
                    (B) obtained without procedures required by a 
                provision of law having been followed; or
                    (C) unsupported by substantial evidence.
    (c) Relation to Other Provisions of Law.--Section 3592(b)(1) of 
title 5, United States Code, and the procedures under section 7543(b) 
of such title do not apply to an action under subsection (a).

SEC. 3. EMPLOYEES: REMOVAL, DEMOTION, OR SUSPENSION BASED ON 
              PERFORMANCE OR MISCONDUCT.

    (a) Authority.--The Secretary may remove, demote, or suspend a 
covered individual who is an employee of the Department if the 
Secretary determines the performance or misconduct of the covered 
individual warrants such removal, demotion, or suspension. If the 
Secretary so removes, demotes, or suspends such a covered individual, 
the Secretary may--
            (1) remove the covered individual from the civil service 
        (as defined in section 2101 of title 5, United States Code);
            (2) demote the covered individual by means of a reduction 
        in grade for which the covered individual is qualified, that 
        the Secretary determines is appropriate, and that reduces the 
        annual rate of pay of the covered individual; or
            (3) suspend the covered individual.
    (b) Pay of Certain Demoted Individuals.--
            (1) Notwithstanding any other provision of law, any covered 
        individual subject to a demotion under subsection (a) shall, 
        beginning on the date of such demotion, receive the annual rate 
        of pay applicable to such grade.
            (2)(A) A covered individual so demoted may not be placed on 
        administrative leave during the period during which an appeal 
        (if any) under this section is ongoing, and may only receive 
        pay if the covered individual reports for duty or is approved 
        to use accrued unused annual, sick, family medical, military, 
        or court leave.
            (B) If a covered individual so demoted does not report for 
        duty or receive approval to use accrued unused leave, such 
        covered individual shall not receive pay or other benefits 
        pursuant to subsection (d)(5).
    (c) Procedures.--
            (1) In general.--(A) The aggregate period for notice, 
        response, and final decision in a removal, demotion, or 
        suspension under this section may not exceed 15 business days.
            (B) The period for the response of a covered individual to 
        a notice of a proposed removal, demotion, or suspension under 
        this section shall be 7 business days.
            (C) Chapter 43 and paragraph (3) of subsection (b) of 
        section 7513 of title 5, United States Code, shall apply with 
        respect to a removal, demotion, or suspension under this 
        section.
            (D) The procedures in this subsection shall supersede any 
        collective bargaining agreement to the extent that such 
        agreement is inconsistent with such procedures.
            (2) Deadline for final decision.--The Secretary shall issue 
        a final decision with respect to a removal, demotion, or 
        suspension under this section not later than 15 business days 
        after the Secretary provides notice, including a file 
        containing all the evidence in support of the proposed action, 
        to the covered individual of the removal, demotion, or 
        suspension. The decision shall be in writing and shall include 
        the specific reasons therefor.
            (3) Appeal to merit systems protection board.--
                    (A) Subject to subparagraph (B) and subsection (d), 
                any removal or demotion under this section, and any 
                suspension of more than 14 days under this section, may 
                be appealed to the Merit Systems Protection Board, 
                which shall refer such appeal to an administrative 
                judge pursuant to section 7701(b)(1) of title 5.
                    (B) An appeal under subparagraph (A) of a removal, 
                demotion, or suspension may only be made if such appeal 
                is made not later than 10 business days after the date 
                of such removal, demotion, or suspension.
    (d) Expedited Review.--
            (1) Upon receipt of an appeal under subsection (c)(3)(A), 
        the administrative judge shall expedite any such appeal under 
        section 7701(b)(1) of title 5, United States Code, and, in any 
        such case, shall issue a final and complete decision not later 
        than 180 days after the date of the appeal.
            (2)(A) Notwithstanding section 7701(c)(1)(B) of title 5, 
        United States Code, the administrative judge shall uphold the 
        decision of the Secretary to remove, demote, or suspend an 
        employee under subsection (a) if the decision is supported by 
        substantial evidence.
            (B) Notwithstanding title 5, United States Code, or any 
        other provision of law, if the decision of the Secretary is 
        supported by substantial evidence, the administrative judge 
        shall not mitigate the penalty prescribed by the Secretary.
            (3)(A) The decision of the administrative judge under 
        paragraph (1) may be appealed to the Merit Systems Protection 
        Board.
            (B) Notwithstanding section 7701(c)(1)(B) of title 5, 
        United States Code, the Merit Systems Protection Board shall 
        uphold the decision of the Secretary to remove, demote, or 
        suspend an employee under subsection (a) if the decision is 
        supported by substantial evidence.
            (C) Notwithstanding title 5, United States Code, or any 
        other provision of law, if the decision of the Secretary is 
        supported by substantial evidence, the Merit Systems Protection 
        Board shall not mitigate the penalty prescribed by the 
        Secretary.
            (4) In any case in which the administrative judge cannot 
        issue a decision in accordance with the 180-day requirement 
        under paragraph (1), the Merit Systems Protection Board shall, 
        not later than 14 business days after the expiration of the 
        180-day period, submit to Congress a report that explains the 
        reasons why a decision was not issued in accordance with such 
        requirement.
            (5) A decision of the Merit Systems Protection Board under 
        paragraph (3) may be appealed to the United States Court of 
        Appeals for the Federal Circuit pursuant to section 7703 of 
        title 5, United States Code, or to any court of appeals of 
        competent jurisdiction pursuant to subsection (b)(1)(B) of such 
        section.
            (6) The Merit Systems Protection Board may not stay any 
        removal or demotion under this section, except as provided in 
        section 1214(b) of title 5.
            (7) During the period beginning on the date on which a 
        covered individual appeals a removal from the civil service 
        under subsection (c) and ending on the date that the United 
        States Court of Appeals for the Federal Circuit issues a final 
        decision on such appeal, such covered individual may not 
        receive any pay, awards, bonuses, incentives, allowances, 
        differentials, student loan repayments, special payments, or 
        benefits related to the employment of the individual by the 
        Department.
            (8) To the maximum extent practicable, the Secretary shall 
        provide to the Merit Systems Protection Board such information 
        and assistance as may be necessary to ensure an appeal under 
        this subsection is expedited.
            (9) If an employee prevails on appeal under this section, 
        the employee shall be entitled to backpay (as provided in 
        section 5596 of title 5, United States Code).
            (10) If an employee who is subject to a collective 
        bargaining agreement chooses to grieve an action taken under 
        this section through a grievance procedure provided under the 
        collective bargaining agreement, the timelines and procedures 
        set forth in subsection (c) and this subsection shall apply.
    (e) Whistleblower Protection.--
            (1) In the case of a covered individual seeking corrective 
        action (or on behalf of whom corrective action is sought) from 
        the Office of Special Counsel based on an alleged prohibited 
        personnel practice described in section 2302(b) of title 5, 
        United States Code, the Secretary may not remove, demote, or 
        suspend such covered individual under subsection (a) without 
        the approval of the Special Counsel under section 1214(f) of 
        title 5.
            (2) In the case of a covered individual who has made a 
        whistleblower disclosure to the Whistleblower Protection 
        Ombudsman, the Secretary may not remove, demote, or suspend 
        such covered individual under subsection (a) until--
                    (A) in the case in which the Assistant Secretary 
                determines to refer the whistleblower disclosure under 
                subsection (e) to an office or other investigative 
                entity, a final decision with respect to the 
                whistleblower disclosure has been made by such office 
                or other investigative entity; or
                    (B) in the case in which the Assistant Secretary 
                determines not to the refer the whistleblower 
                disclosure under such section, the Assistant Secretary 
                makes such determination.
    (f) Termination of Investigations by Office of Special Counsel.--
            (1) Notwithstanding any other provision of law, the Special 
        Counsel (established by section 1211 of title 5, United States 
        Code) may terminate an investigation of a prohibited personnel 
        practice alleged by an employee or former employee of the 
        Department after the Special Counsel provides to the employee 
        or former employee a written statement of the reasons for the 
        termination of the investigation.
            (2) Such statement may not be admissible as evidence in any 
        judicial or administrative proceeding without the consent of 
        such employee or former employee.
    (g) Vacancies.--In the case of a covered individual who is removed 
or demoted under subsection (a), to the maximum extent feasible, the 
Secretary shall fill the vacancy arising as a result of such removal or 
demotion.

SEC. 4. REDUCTION OF BENEFITS OF EMPLOYEES CONVICTED OF CERTAIN CRIMES.

    (a) Reduction of Annuity for Removed Employee.--
            (1) In general.--The Secretary shall order that the covered 
        service of an employee of the Department removed from a 
        position for performance or misconduct under section 2 or any 
        other provision of law shall not be taken into account for 
        purposes of calculating an annuity with respect to such 
        individual under chapter 83 or chapter 84 of title 5, United 
        States Code, if--
                    (A) the Secretary determines that the individual is 
                convicted of a felony (and the conviction is final) 
                that influenced the individual's performance while 
                employed in the position;
                    (B) before such order is made, the individual is 
                afforded--
                            (i) notice of the proposed order; and
                            (ii) an opportunity to respond to the 
                        proposed order by not later than ten business 
                        days following receipt of such notice; and
                    (C) the Secretary issues the order--
                            (i) in the case of a proposed order to 
                        which an individual responds under subparagraph 
                        (B)(ii), not later than five business days 
                        after receiving the response of the individual; 
                        or
                            (ii) in the case of a proposed order to 
                        which an individual does not respond, not later 
                        than 15 business days after the Secretary 
                        provides notice to the individual under 
                        subparagraph (B)(i).
            (2) Appeal.--Any individual with respect to whom an annuity 
        is reduced under this subsection may appeal the reduction to 
        the Director of the Office of Personnel Management pursuant to 
        such regulations as the Director may prescribe for purposes of 
        this subsection.
    (b) Reduction of Annuity for Retired Employee.--
            (1) In general.--The Secretary may order that the covered 
        service of an individual who the Secretary proposes to remove 
        for performance or misconduct under section 2 or any other 
        provision of law but who leaves employment at the Department 
        prior to the issuance of a final decision with respect to such 
        action shall not be taken into account for purposes of 
        calculating an annuity with respect to such individual under 
        chapter 83 or chapter 84 of title 5, United States Code, if--
                    (A) the Secretary determines that individual is 
                convicted of a felony (and the conviction is final) 
                that influenced the individual's performance while 
                employed in the position;
                    (B) before such order is made, the individual is 
                afforded--
                            (i) notice of the proposed order; and
                            (ii) an opportunity to respond to the 
                        proposed order by not later than ten business 
                        days following receipt of such notice; and
                    (C) the Secretary issues the order--
                            (i) in the case of a proposed order to 
                        which an individual responds under subparagraph 
                        (B)(ii), not later than five business days 
                        after receiving the response of the individual; 
                        or
                            (ii) in the case of a proposed order to 
                        which an individual does not respond, not later 
                        than 15 business days after the Secretary 
                        provides notice to the individual under 
                        subparagraph (B)(i).
            (2) Appeal.--Upon the issuance of an order by the Secretary 
        under paragraph (1), the individual shall have an opportunity 
        to appeal the order to the Director of the Office of Personnel 
        Management before the date that is seven business days after 
        the date of such issuance.
            (3) Final decision.--The Director of the Office of 
        Personnel Management shall make a final decision with respect 
        to an appeal under paragraph (2) within 30 business days of 
        receiving the appeal.
    (c) Administrative Requirements.--Not later than 37 business days 
after the Secretary issues a final order under subsection (a) or (b) 
with respect to an individual, the Director of the Office of Personnel 
Management shall recalculate the annuity of the individual.
    (d) Lump-Sum Annuity Credit.--Any individual with respect to whom 
an annuity is reduced under subsection (a) or (b) shall be entitled to 
be paid so much of such individual's lump-sum credit as is attributable 
to the period of covered service.
    (e) Spouse or Children Exception.--
            (1) The Secretary, in consultation with the Director of the 
        Office of Personnel Management, shall prescribe regulations 
        that may provide for the payment to the spouse or children of 
        any individual referred to in subsection (a) or (b) of any 
        amounts which (but for this subsection) would otherwise have 
        been nonpayable by reason of such subsections.
            (2) Regulations prescribed under paragraph (1) shall be 
        consistent with the requirements of sections 8332(o)(5) and 
        8411(l)(5) of title 5, United States Code, as the case may be.

SEC. 5. RECOUPMENT OF BONUSES OR AWARDS PAID TO EMPLOYEES OF 
              DEPARTMENT.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary may issue an order directing an employee of the Department to 
repay the amount, or a portion of the amount, of any award or bonus 
paid to the employee under title 5, United States Code, including under 
chapter 45 or 53 of such title, if--
            (1) the Secretary determines that the individual engaged in 
        misconduct or poor performance prior to payment of the award or 
        bonus, and that such award or bonus would not have been paid, 
        in whole or in part, had the misconduct or poor performance 
        been known prior to payment;
            (2) before such repayment, the employee is afforded--
                    (A) notice of the proposed order; and
                    (B) an opportunity to respond to the proposed order 
                by not later than 10 business days after the receipt of 
                such notice; and
            (3) the Secretary issues the order--
                    (A) in the case of a proposed order to which an 
                individual responds under paragraph (2)(B), not later 
                than five business days after receiving the response of 
                the individual; or
                    (B) in the case of a proposed order to which an 
                individual does not respond, not later than 15 business 
                days after the Secretary provides notice to the 
                individual under paragraph (2)(A).
    (b) Appeal of Order of Secretary.--
            (1) Upon the issuance of an order by the Secretary under 
        subsection (a) with respect to an individual, the individual 
        shall have an opportunity to appeal the order to the Director 
        of the Office of Personnel Management before the date that is 
        seven business days after the date of such issuance.
            (2) The Director shall make a final decision with respect 
        to an appeal under paragraph (1) within 30 business days after 
        receiving such appeal.
    (c) Effective Date.--Chapter 45 or 53 of title 5, United States 
Code, shall apply with respect to an award or bonus paid by the 
Secretary to any employee of the Department on or after the date of the 
enactment of this Act.
    (d) Construction.--Nothing in this Act or the amendments made by 
this Act may be construed to modify the certification issued by the 
Office of Personnel Management and the Office of Management and Budget 
regarding the performance appraisal system of the Senior Executive 
Service of the Department.

SEC. 6. RECOUPMENT OF RELOCATION EXPENSES PAID ON BEHALF OF EMPLOYEES 
              OF DEPARTMENT.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary may issue an order directing an employee of the Department to 
repay the amount, or a portion of the amount, paid to or on behalf of 
the employee under title 5, United States Code, for relocation 
expenses, including any expenses under section 5724 or 5724a of such 
title, or if--
            (1) the Secretary determines that relocation expenses were 
        paid following an act of fraud or malfeasance that influenced 
        the authorization of the relocation expenses;
            (2) before such repayment, the employee is afforded--
                    (A) notice of the proposed order; and
                    (B) an opportunity to respond to the proposed order 
                not later than ten business days following the receipt 
                of such notice; and
            (3) the Secretary issues the order--
                    (A) in the case of a proposed order to which an 
                individual responds under paragraph (2)(B), not later 
                than five business days after receiving the response of 
                the individual; or
                    (B) in the case of a proposed order to which an 
                individual does not respond, not later than 15 business 
                days after the Secretary provides notice to the 
                individual under paragraph (2)(A).
    (b) Appeal of Order of Secretary.--
            (1) Upon the issuance of an order by the Secretary under 
        subsection (a) with respect to an individual, the individual 
        shall have an opportunity to appeal the order to the Director 
        of the Office of Personnel Management before the date that is 
        seven business days after the date of such issuance.
            (2) The Director shall make a final decision with respect 
        to an appeal under paragraph (1) within 30 days after receiving 
        such appeal.
    (c) Effective Date.--Chapter 45 or 53 of title 5, United States 
Code, shall apply with respect to an amount paid by the Secretary to or 
on behalf of an employee of the Department for relocation expenses on 
or after the date of the enactment of this Act.

SEC. 7. MAJOR ADVERSE ACTIONS INVOLVING PROFESSIONAL CONDUCT OR 
              COMPETENCE.

    (a) Establishment of Disciplinary Appeals Board.--
            (1) Appointment.--The Secretary shall appoint 3 employees 
        of the Department who are senior executives or career senior 
        executives to serve on a Disciplinary Appeals Board (hereafter 
        referred to as the ``Board'') which shall have the exclusive 
        authority to review any disciplinary action taken against a 
        covered employee of the Department which arises out of or 
        includes a question of professional misconduct or competence.
            (2) Political makeup of the board.--At least one member of 
        the Board shall be of a different political party than the 
        other two members.
    (b) Initial Procedures.--
            (1) Rights of covered employees.--
                    (A) Statement of charges and evidence.--In any case 
                in which charges are brought against a covered employee 
                which arises out of, or includes, a question of 
                professional conduct or competence which could result 
                in a major adverse action, the covered employee is 
                entitled, within the aggregate time period specified in 
                paragraph (4), to the following:
                            (i) Advance written notice from the 
                        deciding official specifically stating the 
                        basis for each charge, the adverse actions that 
                        could be taken if the charges are sustained, a 
                        statement of any specific law, regulation, 
                        policy, procedure, practice, or other specific 
                        instruction that has been violated with respect 
                        to each charge, and a file containing all the 
                        evidence in support of each charge, except that 
                        the requirement for notification in advance may 
                        be waived if there is reasonable cause to 
                        believe that the employee has committed a crime 
                        for which the employee may be imprisoned.
                            (ii) The opportunity, within the time 
                        period provided for in paragraph (4), to 
                        present an answer orally and in writing to the 
                        deciding official, who shall be an official 
                        higher in rank than the charging official, and 
                        to submit affidavits and other documentary 
                        evidence in support of the answer. The period 
                        for the response of a covered employee shall be 
                        seven business days.
                    (B) Right to representation.--In any case described 
                in paragraph (1), the employee is entitled to be 
                represented by an attorney or other representative of 
                the employee's choice at all stages of the case.
            (2) Final decision by deciding officer.--After considering 
        the employee's answer, if any, and within the time period 
        provided for in paragraph (5)(B), the deciding official shall 
        render a decision on the charges. The decision shall be in 
        writing and shall include the deciding official provides notice 
        on the charges for purposes of paragraph (1)(A)(i).
    (3) Appeals to the Board.--The Secretary shall require that any 
appeal to a Board from a decision to impose a major adverse action 
shall be received within seven business days after the date of service 
of the written decision on the covered employee.
    (4) Timing.--The aggregate period for the resolution of charges 
against an employee under this subsection may not exceed 15 business 
days.
    (5) Supercession of Any Collective Bargaining Agreement.--The 
procedures in this subsection shall supersede any collective bargaining 
agreement to the extent that such agreement is inconsistent with such 
procedures.
    (c) Procedures of Appeals Before the Board.--
            (1) Initial determination.--When the Board convenes to 
        consider an appeal in a case under this section, the Board, 
        before proceeding to consider the merits of the appeal, shall 
        determine whether the case is properly before it.
            (2) Decisions by the board.--Upon hearing such an appeal, 
        the Board shall, with respect to each charge appealed to the 
        Board, sustain the charge, dismiss the charge, or sustain the 
        charge in part and dismiss the charge in part. If the deciding 
        official is sustained (in whole or in part) with respect to any 
        such charge, the Board shall--
                    (A) approve the action as imposed;
                    (B) approve the action with modification, 
                reduction, or exception; or
                    (C) reverse the action.
            (3) Right to oral hearing.--A Board shall afford an 
        employee appealing an adverse action under this section an 
        opportunity for an oral hearing. If such a hearing is held, the 
        Board shall provide the employee with a transcript of the 
        hearing.
            (4) Representation of management.--The Secretary may 
        designate an employee of the Department to represent management 
        in any case before a Board.
            (5) Deadline for decision.--The Board shall render a 
        decision in any case within 45 days of completion of the 
        hearing, if there is a hearing, and in any event no later than 
        120 days after the appeal commenced.
    (d) Actions by the Secretary.--
            (1) If the secretary agrees with the decision of the 
        board.--After resolving any question as to whether a matter 
        involves professional conduct or competence, the Secretary 
        shall cause to be executed the decision of the Board in a 
        timely manner and in any event in not more than 90 days after 
        the decision of the Board is received by the Secretary. 
        Pursuant to the Board's decision, the Secretary may order 
        reinstatement, award back pay, and provide such other remedies 
        as the Board found appropriate relating directly to the 
        proposed action, including expungement of records relating to 
        the action.
            (2) If the secretary disagrees with a decision by the 
        board.--
                    (A) Contrary to evidence or unlawful.--If the 
                Secretary finds a decision of the Board to be clearly 
                contrary to the evidence or unlawful, the Secretary 
                may--
                            (i) reverse the decision of the Board; or
                            (ii) vacate the decision of the Board and 
                        remand the matter to the Board for further 
                        consideration.
                    (B) Not justified by the nature of the charges.--If 
                the Secretary finds the decision of the Board (while 
                not clearly contrary to the evidence or unlawful) to be 
                not justified by the nature of the charges, the 
                Secretary may mitigate the adverse action imposed.
            (3) Secretary's action final.--The Secretary's execution of 
        a Board's decision shall be the final administrative action in 
        the case.
    (e) Judicial Review.--
            (1) In general.--A covered employee adversely affected by a 
        final order or decision of a Board (as reviewed by the 
        Secretary) may obtain judicial review of the order or decision.
            (2) Actions by the court.--In any case in which judicial 
        review is sought under this subsection, the court shall review 
        the record and hold unlawful and set aside any agency action, 
        finding, or conclusion found to be--
                    (A) arbitrary, capricious, an abuse of discretion, 
                or otherwise not in accordance with law;
                    (B) obtained without procedures required by law, 
                rule, or regulation having been followed; or
                    (C) unsupported by substantial evidence.

SEC. 8. PROCEDURES FOR OTHER ADVERSE ACTIONS NOT RELATING TO MISCONDUCT 
              OR COMPETENCE.

    (a) Procedures Prescribed by the Secretary.--
            (1) Authority.--The Secretary shall prescribe by regulation 
        grievance procedures for the consideration of grievances of a 
        covered employee arising from adverse personnel actions in 
        which each action taken either--
                    (A) is not a major adverse action; or
                    (B) does not arise out of a question of 
                professional misconduct or competence.
            (2) Requirements.--Grievance procedures prescribed under 
        subsection (a) shall include the following:
                    (A) A right to formal review by an impartial 
                examiner within the Department, who, in the case of an 
                adverse action arising from a question of professional 
                conduct or competence, shall be selected from the 
                Disciplinary Appeals Board established under section 7.
                    (B) A right to a prompt report of the findings and 
                recommendations by the impartial examiner.
                    (C) A right to a prompt review of the examiner's 
                findings and recommendations by an official of a higher 
                level than the official who decided upon the action. 
                That official may accept, modify, or reject the 
                examiner's recommendations.
    (b) Option of Employee Covered by Collective Bargaining 
Agreement.--In the case of an employee who is a member of a collective 
bargaining unit under chapter 71 of title 5, the employee may seek 
review of an adverse action described in subsection (a) either under 
the grievance procedures provided through regulations prescribed under 
subsection (a) or through grievance procedures determined through 
collective bargaining, but not under both. The employee shall elect 
which grievance procedure to follow. Any such election may not be 
revoked.
    (c) Rights of Employees.--A covered employee filing a grievance 
under this section shall be entitled to the following:
            (1) In any case in which charges are brought against 
        covered employee which could result in a major adverse action 
        and which do not involve professional conduct or competence, 
        the employee is entitled to notice and an opportunity to answer 
        with respect to those charges.
            (2) In any other case in which charges are brought against 
        a covered employee the employee is entitled, within the 
        aggregate time period specified in paragraph (3)(A), to--
                    (A) written notice stating the specific reason for 
                the proposed action; and
                    (B) time to answer orally and in writing and to 
                furnish affidavits and other documentary evidence in 
                support of the answer.
            (3)(A) The aggregate period for the resolution of charges 
        against an employee under paragraph (1) or (2) may not exceed 
        15 business days.
            (B) The period for the response of an employee under 
        paragraph (1) or (2)(B) to written notice of charges under 
        paragraph (1) or (2)(A), as applicable, shall be seven business 
        days.
            (C) The deciding official shall render a decision on 
        charges under paragraph (1) or (2) not later than 15 business 
        days after notice is provided on the charges for purposes of 
        paragraph (1) or (2)(A), as applicable.
    (d) Right to Representation.--In any review of an adverse action 
under the grievance procedures prescribed under subsection (a), the 
employee is entitled to be represented by an attorney or other 
representative of the employee's choice at all stages of the case.

SEC. 9. IMPROVEMENT OF TRAINING FOR SUPERVISORS.

    The Secretary shall provide to each employee of the Department who 
is employed as a supervisor periodic training on the following:
            (1) The rights of whistleblowers and how to address a 
        report by an employee of a hostile work environment, reprisal, 
        or harassment.
            (2) How to effectively motivate, manage, and reward the 
        employees who report to the supervisor.
            (3) How to effectively manage employees who are performing 
        at an unacceptable level and access assistance from the human 
        resources office of the Department and the Office of the 
        General Counsel of the Department with respect to those 
        employees.

SEC. 10. ASSESSMENT AND REPORT ON EFFECT ON SENIOR EXECUTIVES AT THE 
              DEPARTMENT OF LABOR.

    (a) In General.--Not later than two years after the date of the 
enactment of this Act, the Secretary shall--
            (1) measure and assess the effect of the enactment of this 
        Act on the morale, engagement, hiring, promotion, retention, 
        discipline, and productivity of individuals in senior executive 
        positions at the Department; and
            (2) submit to Congress a report on the findings of the 
        Secretary with respect to the measurement and assessment 
        carried out under paragraph (1).
    (b) Elements.--The assessment required by subsection (a)(1) shall 
include the following:
            (1) With respect to engagement, trends in morale of 
        individuals in senior executive positions and individuals 
        aspiring to senior executive positions.
            (2) With respect to promotions--
                    (A) whether the Department is experiencing an 
                increase or decrease in the number of employees 
                participating in leadership development and candidate 
                development programs with the intention of becoming 
                candidates for senior executive positions; and
                    (B) trends in applications to senior executive 
                positions within the Department.
            (3) With respect to retention--
                    (A) trends in retirement rates of individuals in 
                senior executive positions at the Department;
                    (B) trends in quit rates of individuals in senior 
                executive positions at the Department;
                    (C) rates of transfer of--
                            (i) individuals from other Federal agencies 
                        into senior executive positions at the 
                        Department; and
                            (ii) individuals from senior executive 
                        positions at the Department to other Federal 
                        agencies; and
                    (D) trends in total loss rates by job function.
            (4) With respect to disciplinary processes--
                    (A) regarding individuals in senior executive 
                positions at the Department who are the subject of 
                disciplinary action--
                            (i) the length of the disciplinary process 
                        in days for such individuals both before the 
                        date of the enactment of this Act and under the 
                        provisions of this Act described in subsection 
                        (a)(1); and
                            (ii) the extent to which appeals by such 
                        individuals are upheld under such provisions as 
                        compared to before the date of the enactment of 
                        this Act;
                    (B) the components or offices of the Department 
                which experience the greatest number of proposed 
                adverse actions against individuals in senior executive 
                positions and components and offices which experience 
                the least relative to the size of the components or 
                offices' total number of senior executive positions;
                    (C) the tenure of individuals in senior executive 
                positions who are the subject of disciplinary action;
                    (D) whether the individuals in senior executive 
                positions who are the subject of disciplinary action 
                have previously been disciplined; and
                    (E) the number of instances of disciplinary action 
                taken by the Secretary against individuals in senior 
                executive positions at the Department as compared to 
                governmentwide discipline against individuals in Senior 
                Executive Service positions (as defined in section 
                3132(a) of title 5, United States Code) as a percentage 
                of the total number of individuals in senior executive 
                positions at the Department and Senior Executive 
                Service positions (as so defined).
            (5) With respect to hiring--
                    (A) the degree to which the skills of newly hired 
                individuals in senior executive positions at the 
                Department are appropriate with respect to the needs of 
                the Department;
                    (B) the types of senior executive positions at the 
                Department most commonly filled under the authorities 
                in the provisions described in subsection (a)(1);
                    (C) the number of senior executive positions at the 
                Department filled by hires outside of the Department 
                compared to hires from within the Department;
                    (D) the length of time to fill a senior executive 
                position at the Department and for a new hire to begin 
                working in a new senior executive position;
                    (E) the mission-critical deficiencies filled by 
                newly hired individuals in senior executive positions 
                and the connection between mission-critical 
                deficiencies filled under the provisions described in 
                subsection (a) and annual performance of the 
                Department;
                    (F) the satisfaction of applicants for senior 
                executive positions at the Department with the hiring 
                process, including the clarity of job announcements, 
                reasons for withdrawal of applications, communication 
                regarding status of applications, and timeliness of 
                hiring decision; and
                    (G) the satisfaction of newly hired individuals in 
                senior executive positions at the Department with the 
                hiring process and the process of joining and becoming 
                oriented with the Department.

SEC. 11. MEASUREMENT OF DEPARTMENT OF LABOR DISCIPLINARY PROCESS 
              OUTCOMES AND EFFECTIVENESS.

    (a) Measuring and Collecting.--
            (1) In general.--The Secretary shall measure and collect 
        information on the outcomes of disciplinary actions carried out 
        by the Department during the three-year period ending on the 
        date of the enactment of this Act and the effectiveness of such 
        actions.
            (2) Elements.--In measuring and collecting pursuant to 
        paragraph (1), the Secretary shall measure and collect 
        information regarding the following:
                    (A) The average time from the initiation of an 
                adverse action against an employee at the Department to 
                the final resolution of that action.
                    (B) The number of distinct steps and levels of 
                review within the Department involved in the 
                disciplinary process and the average length of time 
                required to complete these steps.
                    (C) The rate of use of alternate disciplinary 
                procedures compared to traditional disciplinary 
                procedures and the frequency with which employees who 
                are subject to alternative disciplinary procedures 
                commit additional offenses.
                    (D) The number of appeals from adverse actions 
                filed against employees of the Department, the number 
                of appeals upheld, and the reasons for which the 
                appeals were upheld.
                    (E) The use of paid administrative leave during the 
                disciplinary process and the length of such leave.
    (b) Report.--
            (1) In general.--Not later than December 31, 2020, the 
        Secretary shall submit to Congress a report on the disciplinary 
        procedures and actions of the Department.
            (2) Contents.--The report submitted under paragraph (1) 
        shall include the following:
                    (A) The information collected under subsection (a).
                    (B) The findings of the Secretary with respect to 
                the measurement and collection carried out under 
                subsection (a).
                    (C) An analysis of the disciplinary procedures and 
                actions of the Department.
                    (D) Suggestions for improving the disciplinary 
                procedures and actions of the Department.
                    (E) Such other matters as the Secretary considers 
                appropriate.

SEC. 12. DEFINITIONS.

    In this Act the following definitions apply:
            (1) Covered employee.--The term ``covered employee'' 
        means--
                    (A) a career appointee (as that term is defined in 
                section 3132(a)(4) of title 5, United States Code);
                    (B) any individual who occupies an administrative 
                or executive position; or
                    (C) an individual occupying a senior executive 
                position.
            (2) Covered individual.--The term ``covered individual'', 
        for purposes of section 3, means an individual occupying a 
        position at the Department, but does not include--
                    (A) an individual occupying a senior executive 
                position;
                    (B) an individual who has not completed a 
                probationary or trial period; or
                    (C) a political appointee.
            (3) Covered service.--The term ``covered service'' means, 
        with respect to an individual subject to a removal for 
        performance or misconduct, the period of service beginning on 
        the date that the Secretary determines under such applicable 
        provision that the individual engaged in activity that gave 
        rise to such action and ending on the date that the individual 
        is removed from or leaves a position of employment at the 
        Department prior to the issuance of a final decision with 
        respect to such action.
            (4) Department.--The term ``Department'' means the 
        Department of Labor.
            (5) Grade.--The term ``grade'' has the meaning given such 
        term in section 7511(a) of title 5.
            (6) Lump-sum credit.--The term ``lump-sum credit'' has the 
        meaning given such term in section 8331(8) or section 8401(19) 
        of title 5, United States Code, as the case may be.
            (7) Misconduct.--The term ``misconduct'' includes neglect 
        of duty, malfeasance, or failure to accept a directed 
        reassignment or to accompany a position in a transfer of 
        function.
            (8) Political appointee.--The term ``political appointee'' 
        means an individual who is--
                    (A) employed in a position described under sections 
                5312 through 5316 of title 5, United States Code 
                (relating to the Executive Schedule);
                    (B) a limited term appointee, limited emergency 
                appointee, or noncareer appointee in the Senior 
                Executive Service, as defined under paragraphs (5), 
                (6), and (7), respectively, of section 3132(a) of title 
                5, United States Code; or
                    (C) employed in a position of a confidential or 
                policy-determining character under schedule C of 
                subpart C of part 213 of title 5, Code of Federal 
                Regulations, or successor regulation.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (10) Senior executive position.--The term ``senior 
        executive position'' means--
                    (A) with respect to a career appointee (as that 
                term is defined in section 3132(a) of title 5, United 
                States Code), a Senior Executive Service position (as 
                such term is defined in such section); and
                    (B) with respect to a covered employee or covered 
                individual, has the meaning given such term in section 
                3132(a) of title 5, United States Code.
            (11) Supervisor.--The term ``supervisor'' has the meaning 
        given such term in section 7103(a) of title 5, United States 
        Code.
            (12) Service.--The term ``service'' has the meaning given 
        such term in section 8331(12) or section 8401(26) of title 5, 
        United States Code, as the case may be.
            (13) Suspend.--The term ``suspend'' means the placing of an 
        employee, for disciplinary reasons, in a temporary status 
        without duties and pay for a period in excess of 14 days.
            (14) Whistleblower.--The term ``whistleblower'' means one 
        who makes a whistleblower disclosure.
            (15) Whistleblower disclosure.--The term ``whistleblower 
        disclosure'' means any disclosure of information by an employee 
        of the Department or individual applying to become an employee 
        of the Department which the employee or individual reasonably 
        believes evidences--
                    (A) a violation of a law, rule, or regulation; or
                    (B) gross mismanagement, a gross waste of funds, an 
                abuse of authority, or a substantial and specific 
                danger to public health or safety.
                                 <all>
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