I 
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 fol-
lowing 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 com-
mittee 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 Representa-
tives 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’’. 
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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 exec-
utive position at the Department if the Secretary deter-
mines that the misconduct or performance of the covered 
employee warrants such action. If the Secretary so re-
moves 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 pro-
posed 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 
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Ombudsman, shall establish for purposes of this 
subsection. 
(2) TIMING.— 
(A) The aggregate period for notice, re-
sponse, and decision on an action under sub-
section (a) may not exceed 15 business days. 
(B) The period for the response of a cov-
ered 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 sub-
section (a) that is not grieved, and a grievance deci-
sion under paragraph (2)(D), shall be final and con-
clusive. 
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(4) JUDICIAL REVIEW.—A covered employee ad-
versely 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 dis-
cretion, 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 SUSPEN-
SION BASED ON PERFORMANCE OR MIS-
CONDUCT. 
(a) AUTHORITY.—The Secretary may remove, de-
mote, or suspend a covered individual who is an employee 
of the Department if the Secretary determines the per-
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formance or misconduct of the covered individual warrants 
such removal, demotion, or suspension. If the Secretary 
so removes, demotes, or suspends such a covered indi-
vidual, 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 appro-
priate, 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 ac-
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crued 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 re-
ceive 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 in-
dividual 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 su-
persede any collective bargaining agreement to the 
extent that such agreement is inconsistent with such 
procedures. 
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(2) DEADLINE FOR FINAL DECISION.—The Sec-
retary 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 sus-
pension. 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 sub-
section (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.— 
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(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 sub-
section (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 evi-
dence, 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 Pro-
tection Board shall uphold the decision of the Sec-
retary to remove, demote, or suspend an employee 
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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 evi-
dence, 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 pe-
riod, 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 Cir-
cuit 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. 
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(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, dif-
ferentials, student loan repayments, special pay-
ments, 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 Protec-
tion Board such information and assistance as may 
be necessary to ensure an appeal under this sub-
section 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 collec-
tive bargaining agreement chooses to grieve an ac-
tion 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. 
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(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 de-
scribed in section 2302(b) of title 5, United States 
Code, the Secretary may not remove, demote, or sus-
pend 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 re-
move, demote, or suspend such covered individual 
under subsection (a) until— 
(A) in the case in which the Assistant Sec-
retary determines to refer the whistleblower dis-
closure 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 enti-
ty; or 
(B) in the case in which the Assistant Sec-
retary determines not to the refer the whistle-
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blower disclosure under such section, the Assist-
ant 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 inves-
tigation 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 rea-
sons 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 em-
ployee. 
(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 va-
cancy arising as a result of such removal or demotion. 
SEC. 4. REDUCTION OF BENEFITS OF EMPLOYEES CON-
VICTED OF CERTAIN CRIMES. 
(a) REDUCTION OF ANNUITY FOR REMOVED EM-
PLOYEE.— 
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(1) IN GENERAL.—The Secretary shall order 
that the covered service of an employee of the De-
partment 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 indi-
vidual under chapter 83 or chapter 84 of title 5, 
United States Code, if— 
(A) the Secretary determines that the indi-
vidual is convicted of a felony (and the convic-
tion is final) that influenced the individual’s 
performance while employed in the position; 
(B) before such order is made, the indi-
vidual is afforded— 
(i) notice of the proposed order; and 
(ii) an opportunity to respond to the 
proposed order by not later than ten busi-
ness 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 sub-
paragraph (B)(ii), not later than five busi-
ness days after receiving the response of 
the individual; or 
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(ii) in the case of a proposed order to 
which an individual does not respond, not 
later than 15 business days after the Sec-
retary 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 Of-
fice of Personnel Management pursuant to such reg-
ulations as the Director may prescribe for purposes 
of this subsection. 
(b) REDUCTION
OF ANNUITY
FOR RETIRED EM-
PLOYEE.— 
(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 indi-
vidual is convicted of a felony (and the convic-
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tion is final) that influenced the individual’s 
performance while employed in the position; 
(B) before such order is made, the indi-
vidual is afforded— 
(i) notice of the proposed order; and 
(ii) an opportunity to respond to the 
proposed order by not later than ten busi-
ness 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 sub-
paragraph (B)(ii), not later than five busi-
ness 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 Sec-
retary 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 be-
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fore the date that is seven business days after the 
date of such issuance. 
(3) FINAL DECISION.—The Director of the Of-
fice of Personnel Management shall make a final de-
cision 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 indi-
vidual, the Director of the Office of Personnel Manage-
ment shall recalculate the annuity of the individual. 
(d) LUMP-SUM ANNUITY CREDIT.—Any individual 
with respect to whom an annuity is reduced under sub-
section (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 Di-
rector of the Office of Personnel Management, shall 
prescribe regulations that may provide for the pay-
ment to the spouse or children of any individual re-
ferred to in subsection (a) or (b) of any amounts 
which (but for this subsection) would otherwise have 
been nonpayable by reason of such subsections. 
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(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 provi-
sion 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 af-
forded— 
(A) notice of the proposed order; and 
(B) an opportunity to respond to the pro-
posed order by not later than 10 business days 
after the receipt of such notice; and 
(3) the Secretary issues the order— 
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(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 pro-
vides notice to the individual under paragraph 
(2)(A). 
(b) APPEAL OF ORDER OF SECRETARY.— 
(1) Upon the issuance of an order by the Sec-
retary under subsection (a) with respect to an indi-
vidual, the individual shall have an opportunity to 
appeal the order to the Director of the Office of Per-
sonnel 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) with-
in 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. 
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(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 Manage-
ment 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 provi-
sion 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 em-
ployee 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 ex-
penses were paid following an act of fraud or mal-
feasance that influenced the authorization of the re-
location expenses; 
(2) before such repayment, the employee is af-
forded— 
(A) notice of the proposed order; and 
(B) an opportunity to respond to the pro-
posed order not later than ten business days 
following the receipt of such notice; and 
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(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 pro-
vides notice to the individual under paragraph 
(2)(A). 
(b) APPEAL OF ORDER OF SECRETARY.— 
(1) Upon the issuance of an order by the Sec-
retary under subsection (a) with respect to an indi-
vidual, the individual shall have an opportunity to 
appeal the order to the Director of the Office of Per-
sonnel 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) with-
in 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. 
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SEC. 7. MAJOR ADVERSE ACTIONS INVOLVING PROFES-
SIONAL CONDUCT OR COMPETENCE. 
(a) ESTABLISHMENT
OF DISCIPLINARY APPEALS 
BOARD.— 
(1) APPOINTMENT.—The Secretary shall ap-
point 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 author-
ity to review any disciplinary action taken against a 
covered employee of the Department which arises 
out of or includes a question of professional mis-
conduct or competence. 
(2) POLITICAL MAKEUP OF THE BOARD.—At 
least one member of the Board shall be of a dif-
ferent political party than the other two members. 
(b) INITIAL PROCEDURES.— 
(1) RIGHTS OF COVERED EMPLOYEES.— 
(A) STATEMENT
OF
CHARGES
AND
EVI-
DENCE.—In any case in which charges are 
brought against a covered employee which 
arises out of, or includes, a question of profes-
sional 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: 
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(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 sus-
tained, a statement of any specific law, 
regulation, policy, procedure, practice, or 
other specific instruction that has been vio-
lated with respect to each charge, and a 
file containing all the evidence in support 
of each charge, except that the require-
ment for notification in advance may be 
waived if there is reasonable cause to be-
lieve that the employee has committed a 
crime for which the employee may be im-
prisoned. 
(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 offi-
cial higher in rank than the charging offi-
cial, and to submit affidavits and other 
documentary evidence in support of the an-
swer. The period for the response of a cov-
ered employee shall be seven business days. 
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(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 im-
pose a major adverse action shall be received within seven 
business days after the date of service of the written deci-
sion 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
BAR-
GAINING AGREEMENT.—The procedures in this subsection 
shall supersede any collective bargaining agreement to the 
extent that such agreement is inconsistent with such pro-
cedures. 
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(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 hear-
ing. If such a hearing is held, the Board shall pro-
vide the employee with a transcript of the hearing. 
(4) REPRESENTATION OF MANAGEMENT.—The 
Secretary may designate an employee of the Depart-
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ment 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 DE-
CISION OF THE BOARD.—After resolving any ques-
tion 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 ac-
tion. 
(2) IF THE SECRETARY DISAGREES WITH A DE-
CISION BY THE BOARD.— 
(A) CONTRARY TO EVIDENCE OR UNLAW-
FUL.—If the Secretary finds a decision of the 
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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 deci-
sion 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 Sec-
retary’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 ad-
versely affected by a final order or decision of a 
Board (as reviewed by the Secretary) may obtain ju-
dicial 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 
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and set aside any agency action, finding, or conclu-
sion found to be— 
(A) arbitrary, capricious, an abuse of dis-
cretion, 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 
COM-
PETENCE. 
(a) PROCEDURES
PRESCRIBED
BY
THE
SEC-
RETARY.— 
(1) AUTHORITY.—The Secretary shall prescribe 
by regulation grievance procedures for the consider-
ation 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 pro-
fessional misconduct or competence. 
(2) 
REQUIREMENTS.—Grievance 
procedures 
prescribed under subsection (a) shall include the fol-
lowing: 
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(A) A right to formal review by an impar-
tial 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 find-
ings and recommendations by the impartial ex-
aminer. 
(C) A right to a prompt review of the ex-
aminer’s findings and recommendations by an 
official of a higher level than the official who 
decided upon the action. That official may ac-
cept, modify, or reject the examiner’s rec-
ommendations. 
(b) OPTION OF EMPLOYEE COVERED BY COLLEC-
TIVE BARGAINING AGREEMENT.—In the case of an em-
ployee 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 regula-
tions 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. 
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(c) RIGHTS OF EMPLOYEES.—A covered employee fil-
ing 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 pro-
fessional conduct or competence, the employee is en-
titled 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 rea-
son 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 applica-
ble, shall be seven business days. 
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(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 pre-
scribed 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 ad-
dress a report by an employee of a hostile work envi-
ronment, 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. 
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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 enact-
ment of this Act on the morale, engagement, hiring, 
promotion, retention, discipline, and productivity of 
individuals in senior executive positions at the De-
partment; 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 sub-
section (a)(1) shall include the following: 
(1) With respect to engagement, trends in mo-
rale of individuals in senior executive positions and 
individuals aspiring to senior executive positions. 
(2) With respect to promotions— 
(A) whether the Department is experi-
encing an increase or decrease in the number of 
employees participating in leadership develop-
ment and candidate development programs with 
the intention of becoming candidates for senior 
executive positions; and 
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(B) trends in applications to senior execu-
tive positions within the Department. 
(3) With respect to retention— 
(A) trends in retirement rates of individ-
uals in senior executive positions at the Depart-
ment; 
(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 Fed-
eral agencies; and 
(D) trends in total loss rates by job func-
tion. 
(4) With respect to disciplinary processes— 
(A) regarding individuals in senior execu-
tive positions at the Department who are the 
subject of disciplinary action— 
(i) the length of the disciplinary proc-
ess in days for such individuals both before 
the date of the enactment of this Act and 
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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 De-
partment 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 ex-
ecutive positions who are the subject of discipli-
nary action; 
(D) whether the individuals in senior exec-
utive positions who are the subject of discipli-
nary action have previously been disciplined; 
and 
(E) the number of instances of disciplinary 
action taken by the Secretary against individ-
uals in senior executive positions at the Depart-
ment as compared to governmentwide discipline 
against individuals in Senior Executive Service 
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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 Execu-
tive 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 posi-
tions 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 exec-
utive 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- 
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critical deficiencies filled under the provisions 
described in subsection (a) and annual perform-
ance of the Department; 
(F) the satisfaction of applicants for senior 
executive positions at the Department with the 
hiring process, including the clarity of job an-
nouncements, reasons for withdrawal of applica-
tions, communication regarding status of appli-
cations, and timeliness of hiring decision; and 
(G) the satisfaction of newly hired individ-
uals in senior executive positions at the Depart-
ment with the hiring process and the process of 
joining and becoming oriented with the Depart-
ment. 
SEC. 11. MEASUREMENT OF DEPARTMENT OF LABOR DIS-
CIPLINARY PROCESS OUTCOMES AND EFFEC-
TIVENESS. 
(a) MEASURING AND COLLECTING.— 
(1) IN GENERAL.—The Secretary shall measure 
and collect information on the outcomes of discipli-
nary actions carried out by the Department during 
the three-year period ending on the date of the en-
actment of this Act and the effectiveness of such ac-
tions. 
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(2) ELEMENTS.—In measuring and collecting 
pursuant to paragraph (1), the Secretary shall meas-
ure 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 ac-
tion. 
(B) The number of distinct steps and lev-
els 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 discipli-
nary procedures compared to traditional dis-
ciplinary procedures and the frequency with 
which employees who are subject to alternative 
disciplinary procedures commit additional of-
fenses. 
(D) The number of appeals from adverse 
actions filed against employees of the Depart-
ment, 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.— 
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(1) IN GENERAL.—Not later than December 31, 
2020, the Secretary shall submit to Congress a re-
port 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 sub-
section (a). 
(B) The findings of the Secretary with re-
spect to the measurement and collection carried 
out under subsection (a). 
(C) An analysis of the disciplinary proce-
dures and actions of the Department. 
(D) Suggestions for improving the discipli-
nary 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 de-
fined in section 3132(a)(4) of title 5, United 
States Code); 
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(B) any individual who occupies an admin-
istrative or executive position; or 
(C) an individual occupying a senior execu-
tive position. 
(2) COVERED INDIVIDUAL.—The term ‘‘covered 
individual’’, for purposes of section 3, means an in-
dividual occupying a position at the Department, but 
does not include— 
(A) an individual occupying a senior execu-
tive 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 pe-
riod of service beginning on the date that the Sec-
retary determines under such applicable provision 
that the individual engaged in activity that gave rise 
to such action and ending on the date that the indi-
vidual is removed from or leaves a position of em-
ployment 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. 
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(5) GRADE.—The term ‘‘grade’’ has the mean-
ing 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’’ in-
cludes neglect of duty, malfeasance, or failure to ac-
cept a directed reassignment or to accompany a po-
sition in a transfer of function. 
(8) POLITICAL APPOINTEE.—The term ‘‘polit-
ical 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 Sched-
ule); 
(B) a limited term appointee, limited emer-
gency 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 
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in a temporary status without duties and pay for a 
period in excess of 14 days. 
(14) WHISTLEBLOWER.—The term ‘‘whistle-
blower’’ means one who makes a whistleblower dis-
closure. 
(15) 
WHISTLEBLOWER
DISCLOSURE.—The 
term ‘‘whistleblower disclosure’’ means any disclo-
sure of information by an employee of the Depart-
ment 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. 
Æ 
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