tigation pending the results of any review of the decision
not to accept the other portion.
‘‘(3) The Director shall furnish a copy of the inves-
tigative report (including a copy of the investigative file)
to the administrative law judge, the individual who filed
the complaint, and the Secretary. The administrative law
judge may direct that an additional investigation be made
if the administrative law judge determines that an addi-
tional investigation is warranted.
‘‘§ 805. Final agency decision; hearings
‘‘(a) The final agency decision on a complaint of un-
lawful employment discrimination, in a case not resolved
through informal procedures under section 803 of this
title, shall be made by an administrative law judge.
‘‘(b) The individual filing the complaint may request
a hearing on the matter. Any such request shall be made
in such time and manner as may be prescribed by the Di-
rector. The administrative law judge shall grant a request
for a hearing unless, after giving appropriate notice and
allowing an opportunity to respond to such notice, the ad-
ministrative law judge determines that there is no genuine
dispute as to a material fact.
‘‘(c) If the administrative law judge grants a request
of the individual filing the complaint for a hearing, the
administrative law judge—
‘‘(1) may conduct the hearing on the matter; or
‘‘(2) may refer the matter for a hearing by a
hearing examiner.
‘‘(d) In any hearing under this section, the adminis-
trative law judge or hearing examiner presiding at the
hearing shall have the authorities set forth in section
556(c) of title 5.
‘‘§ 806. Review of final agency decisions
‘‘(a) If the final agency decision in a case complaining
of unlawful employment discrimination by an officer or
employee of the Department is adverse to the individual
filing the complaint, the individual may appeal the deci-
sion to the Equal Employment Opportunity Commission
or may institute an action on the case in the appropriate
United States district court, as provided by law.
‘‘(b) If the final agency decision in such a case is
adverse to the Department, the Secretary may appeal the
decision to the Equal Employment Opportunity Commis-
sion. Any such appeal shall be made within 30 days after
the date of the receipt by the Secretary of the decision.
The Equal Employment Opportunity Commission may act
on such an appeal in the same manner as in the case of
an appeal by an individual against a final agency decision.
‘‘§ 807. Unlawful employment discrimination defined
‘‘For purposes of this chapter, the term ‘unlawful em-
ployment discrimination’ means any action, or failure to
act, that is a violation of any of the following:
‘‘(1) Title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000e et seq.).
‘‘(2) The Age Discrimination in Employment
Act of 1967 (29 U.S.C. 621 et seq.).
‘‘(3) Section 6 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206).
‘‘(4) Section 501 of the Rehabilitation Act of
1973 (29 U.S.C. 791).’’.
(b) CLERICAL AMENDMENT.—The tables of chapters
at the beginning of title 38, United States Code, and at
the beginning of part I of such title, are amended by in-
serting after the item relating to chapter 7 the following
new item:
‘‘8. Employment Discrimination ..................................................
801’’.
SEC. 3. TRANSITION.
Chapter 8 of title 38, United States Code, as added
by section 2, shall apply with respect to complaints of un-
lawful employment discrimination that are filed after the
end of the six-month period beginning on the date of the
enactment of this Act. Any complaint filed before the end
of such period shall be resolved in accordance with the
procedures in effect on the date of the enactment of this
Act.
SEC. 4. WHISTLEBLOWER PROTECTION FOR TITLE 38 EM-
PLOYEES.
(a) IN GENERAL.—(1) Chapter 74 of title 38, United
States Code, is amended by inserting at the end of sub-
chapter V the following new section:
‘‘§ 7465. Disclosures of violations of law, gross mis-
management, and certain other matters:
protection of employees
‘‘(a) The provision of section 2302(b)(8) of title 5
shall apply with respect to an employee, or applicant for
employment, in a position covered by this chapter in the
same manner as if that position were a ‘covered position’
within the meaning of section 2302(a)(2)(B) of title 5.
‘‘(b) Subsection (a) shall apply for purposes of apply-
ing the provisions of subchapters II and III of chapter
12 of title 5 which relate to any authority to conduct inves-
tigations, or to seek or administer any corrective action,
disciplinary action, or other remedy in connection with a
prohibited 
personnel 
practice 
described 
in 
section
2302(b)(8) of such title.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 7464 the following new item:
‘‘7465. Disclosures of violations of law, gross mismanagement, and certain other
matters: protection of employees.’’.
(b) EFFECTIVE DATE.—(1) Subject to paragraph
(2), section 7465 of title 38, United States Code, as added
by subsection (a), shall apply with respect to personnel
actions occurring before, on, or after the date of the enact-
ment of this Act, but subject to any deadline for commenc-
ing any action for relief.
(2) Such section shall not affect any administrative
proceeding pending on the date of the enactment of this
Act, and order shall be issued in any such proceeding, and
appeals shall be taken therefrom, as if such section had
not been enacted.
Passed the House of Representatives April 27, 1993.
Attest:
Clerk.