I 
115TH CONGRESS 
1ST SESSION H. R. 4702 
To provide accountability and protect whistleblowers in the Department of 
Education. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 20, 2017 
Mr. FRANCIS ROONEY of Florida (for himself and Mr. SMUCKER) introduced 
the following bill; which was referred to the Committee on Education and 
the Workforce, and in addition to the Committee on Oversight and Gov-
ernment 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 provide accountability and protect whistleblowers in the 
Department of Education. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Department of Edu-
cation Accountability and Whistleblower Protection Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) The term ‘‘Department’’ means the Depart-
ment of Education. 
(2) The term ‘‘Deputy Secretary’’ means the 
Deputy Secretary of Education. 
(3) The term ‘‘Office’’ means the Office of 
Management of the Department of Education. 
(4) The term ‘‘Secretary’’ means the Secretary 
of Education. 
(5) The term ‘‘senior executive position at the 
Department’’ means an individual appointed under 
section 401(d) of the Department of Education Or-
ganization Act (20 U.S.C. 3461). 
(6) The term ‘‘supervisory employee’’ means an 
employee of the Department who is a supervisor as 
defined in section 7103(a) of title 5. 
(7) The term ‘‘whistleblower’’ means one who 
makes a whistleblower disclosure. 
(8) The term ‘‘whistleblower disclosure’’ means 
any disclosure of information by an employee of the 
Department or individual applying to become an em-
ployee of the Department which the employee or in-
dividual reasonably believes evidences— 
(A) a violation of a law, rule, or regulation; 
or 
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(B) gross mismanagement, a gross waste 
of funds, an abuse of authority, or a substantial 
and specific danger to public health or safety. 
SEC. 3. OFFICE OF MANAGEMENT. 
(a) FUNCTIONS.—(1) In addition to any other func-
tions, the functions of the Office are as follows: 
(A) Advising the Secretary on all matters of the 
Department relating to accountability, including ac-
countability of employees of the Department, retalia-
tion against whistleblowers, and such matters as the 
Secretary considers similar and affect public trust at 
the Department. 
(B) Issuing reports and providing recommenda-
tions related to the duties described in subparagraph 
(A). 
(C) Receiving whistleblower disclosures. 
(D) Referring whistleblower disclosures received 
under subparagraph (C) for investigation to the Of-
fice of Inspector General, or other investigative enti-
ty, as appropriate, if the Deputy Secretary has rea-
son to believe the whistleblower disclosure is evi-
dence of a violation of a provision of law, mis-
management, gross waste of funds, or an abuse of 
authority. 
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(E) Receiving and referring disclosures from 
the Special Counsel for the Inspector General of the 
Department, or such other person with investigatory 
authority, as the Deputy Secretary considers appro-
priate. 
(F) Recording, tracking, reviewing, and con-
firming implementation of recommendations from 
audits and investigations carried out by the Inspec-
tor General of the Department, the Special Counsel, 
and the Comptroller General of the United States, 
including the imposition of disciplinary actions and 
other corrective actions contained in such rec-
ommendations. 
(G) Analyzing data from the Office and the Of-
fice of Inspector General telephone hotlines, other 
whistleblower disclosures, disaggregated by facility 
and area of health care if appropriate, and relevant 
audits and investigations to identify trends and issue 
reports to the Secretary based on analysis conducted 
under this subparagraph. 
(H) Receiving, reviewing, and investigating alle-
gations of misconduct, retaliation, or poor perform-
ance involving— 
(i) an individual in a senior executive posi-
tion at the Department; 
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(ii) an individual employed in a confiden-
tial, policy-making, policy-determining, or pol-
icy-advocating position at the Department; or 
(iii) a supervisory employee, if the allega-
tion involves retaliation against an employee for 
making a whistleblower disclosure. 
(I) Making such recommendations to the Sec-
retary for disciplinary action as the Deputy Sec-
retary considers appropriate after substantiating any 
allegation of misconduct or poor performance pursu-
ant to an investigation carried out as described in 
subparagraph (F) or (H). 
(2) In carrying out the functions of the Office, the 
Deputy Secretary shall ensure that the Office maintains 
a toll-free telephone number and Internet website to re-
ceive anonymous whistleblower disclosures. 
(3) In any case in which the Deputy Secretary re-
ceives a whistleblower disclosure from an employee of the 
Department under paragraph (1)(C), the Deputy Sec-
retary may not disclose the identity of the employee with-
out the consent of the employee, except in accordance with 
the provisions of section 552a of title 5, or as required 
by any other applicable provision of Federal law. 
(b) STAFF AND RESOURCES.—The Secretary shall 
ensure that the Deputy Secretary has such staff, re-
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sources, and access to information as may be necessary 
to carry out the functions of the Office. 
(c) RELATION TO OFFICE OF GENERAL COUNSEL.— 
The Office shall not be an element of the Office of the 
General Counsel and the Deputy Secretary may not report 
to the General Counsel. 
(d) REPORTS.—(1)(A) Not later than June 30 of 
each calendar year, beginning with June 30, 2017, the 
Deputy Secretary shall submit to the Committee on 
Health, Education, Labor, and Pensions of the Senate and 
the Committee on Education and the Workforce of the 
House of Representatives a report on the activities of the 
Office during the calendar year in which the report is sub-
mitted. 
(B) Each report submitted under subparagraph (A) 
shall include, for the period covered by the report, the fol-
lowing: 
(i) A full and substantive analysis of the activi-
ties of the Office, including such statistical informa-
tion as the Deputy Secretary considers appropriate. 
(ii) Identification of any issues reported to the 
Secretary under subsection (b)(1)(G), including such 
data as the Deputy Secretary considers relevant to 
such issues and any trends the Deputy Secretary 
may have identified with respect to such issues. 
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(iii) Identification of such concerns as the Dep-
uty Secretary may have regarding the size, staffing, 
and resources of the Office and such recommenda-
tions as the Deputy Secretary may have for legisla-
tive or administrative action to address such con-
cerns. 
(iv) Such recommendations as the Deputy Sec-
retary may have for legislative or administrative ac-
tion to improve— 
(I) the process by which concerns are re-
ported to the Office; and 
(II) the protection of whistleblowers within 
the Department. 
(v) Such other matters as the Deputy Secretary 
considers appropriate regarding the functions of the 
Office or other matters relating to the Office. 
(2) If the Secretary receives a recommendation for 
disciplinary action under subsection (b)(1)(I) and does not 
take or initiate the recommended disciplinary action before 
the date that is 60 days after the date on which the Sec-
retary received the recommendation, the Secretary shall 
submit to the Committee on Health, Education, Labor, 
and Pensions of the Senate and the Committee on Edu-
cation and the Workforce of the House of Representatives 
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a detailed justification for not taking or initiating such 
disciplinary action. 
SEC. 4. PROTECTION OF WHISTLEBLOWERS AS CRITERIA 
IN EVALUATION OF SUPERVISORS. 
(a) DEVELOPMENT
AND USE
OF CRITERIA RE-
QUIRED.—The Secretary, in consultation with the Office 
of the Principal Deputy Secretary, shall develop criteria 
that— 
(1) the Secretary shall use as a critical element 
in any evaluation of the performance of a super-
visory employee; and 
(2) promotes the protection of whistleblowers. 
(b) PRINCIPLES
FOR PROTECTION
OF WHISTLE-
BLOWERS.—The criteria required by subsection (a) shall 
include principles for the protection of whistleblowers, 
such as the degree to which supervisory employees respond 
constructively when employees of the Department report 
concerns, take responsible action to resolve such concerns, 
and foster an environment in which employees of the De-
partment feel comfortable reporting concerns to super-
visory employees or to the appropriate authorities. 
SEC. 5. TRAINING REGARDING WHISTLEBLOWER DISCLO-
SURES. 
(a) TRAINING.—Not less frequently than once every 
two years, the Secretary, in coordination with the Whistle-
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blower Protection Ombudsman designated under section 
3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. 
App.), shall provide to each employee of the Department 
training regarding whistleblower disclosures, including— 
(1) an explanation of each method established 
by law in which an employee may file a whistle-
blower disclosure; 
(2) the right of the employee to petition Con-
gress regarding a whistleblower disclosure in accord-
ance with section 7211 of title 5; 
(3) an explanation that the employee may not 
be prosecuted or reprised against for disclosing in-
formation to Congress, the Inspector General, or an-
other investigatory agency in instances where such 
disclosure is permitted by law, including under sec-
tions 5701, 5705, and 7732 of this title, under sec-
tion 552a of title 5 (commonly referred to as the 
Privacy Act); 
(4) an explanation of the language that is re-
quired to be included in all nondisclosure policies, 
forms, 
and 
agreements 
pursuant 
to 
section 
115(a)(1) of the Whistleblower Protection Enhance-
ment Act of 2012 (5 U.S.C. 2302 note); and 
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(5) the right of contractors to be protected from 
reprisal for the disclosure of certain information 
under section 4705 or 4712 of title 41. 
(b) MANNER TRAINING IS PROVIDED.—The Sec-
retary shall ensure, to the maximum extent practicable, 
that training provided under subsection (a) is provided in 
person. 
(c) CERTIFICATION.—Not less frequently than once 
every two years, the Secretary shall provide training on 
merit system protection in a manner that the Special 
Counsel certifies as being satisfactory. 
(d) PUBLICATION.—The Secretary shall publish on 
the Internet website of the Department, and display 
prominently at each facility of the Department, the rights 
of an employee to make a whistleblower disclosure, includ-
ing the information described in paragraphs (1) through 
(5) of subsection (a). 
SEC. 6. SENIOR EXECUTIVES: REMOVAL, DEMOTION, OR 
SUSPENSION BASED ON PERFORMANCE OR 
MISCONDUCT. 
(a) AUTHORITY.—(1) The Secretary of Education, in 
consultation with the Office of Management, may, as pro-
vided in this section, reprimand or suspend, involuntarily 
reassign, demote, or remove a covered individual from a 
senior executive position at the Department if the Sec-
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retary determines that the misconduct or performance of 
the covered individual warrants such action. 
(2) 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) A covered indi-
vidual who is the subject of an action under subsection 
(a) is entitled to— 
(A) advance notice of the action and a file con-
taining all evidence in support of the proposed ac-
tion; 
(B) be represented by an attorney or other rep-
resentative of the covered individual’s choice; and 
(C) grieve the action in accordance with an in-
ternal grievance process that the Secretary, in con-
sultation with the Office of Management, shall es-
tablish for purposes of this subsection. 
(2)(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 indi-
vidual to a notice under paragraph (1)(A) of an action 
under subsection (a) shall be 7 business days. 
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(C) A decision under this paragraph on an action 
under subsection (a) shall be issued not later than 15 busi-
ness days after notice of the action is provided to the cov-
ered individual under paragraph (1)(A). The decision shall 
be in writing, and shall include the specific reasons there-
for. 
(3) The Secretary shall ensure that the grievance 
process established under paragraph (1)(C) takes fewer 
than 21 days. 
(4) A decision under paragraph (2) that is not 
grieved, and a grievance decision under paragraph (3), 
shall be final and conclusive. 
(5) A covered individual adversely affected by a deci-
sion under paragraph (2) that is not grieved, or by a griev-
ance decision under paragraph (3), may obtain judicial re-
view of such decision. 
(6) In any case in which judicial review is sought 
under paragraph (5), 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. 
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(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). 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘covered individual’’ means— 
(A) a career appointee (as that term is de-
fined in section 3132(a)(4) of title 5, United 
States Code); or 
(B) any individual who occupies an admin-
istrative or executive position and who was ap-
pointed under title II of the Department of 
Education Organization Act (20 U.S.C. 3411 et 
seq.). 
(2) The term ‘‘misconduct’’ includes neglect of 
duty, malfeasance, or failure to accept a directed re-
assignment or to accompany a position in a transfer 
of function. 
SEC. 7. EMPLOYEES: REMOVAL, DEMOTION, OR SUSPEN-
SION BASED ON PERFORMANCE OR MIS-
CONDUCT. 
(a) IN GENERAL.—(1) The Secretary, in consultation 
with the Office of Management, may remove, demote, or 
suspend a covered individual who is an employee of the 
Department if the Secretary determines the performance 
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or misconduct of the covered individual warrants such re-
moval, demotion, or suspension. 
(2) If the Secretary so removes, demotes, or suspends 
such a covered individual, the Secretary may— 
(A) remove the covered individual from the civil 
service (as defined in section 2101 of title 5, United 
States Code); 
(B) 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 
(C) 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)(2) 
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. 
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(B) If a covered individual so demoted does not re-
port 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) PROCEDURE.—(1)(A) The aggregate period for 
notice, response, and final decision in a removal, demotion, 
or suspension under this section may not exceed 15 busi-
ness days. 
(B) The period for the response of a covered indi-
vidual to a notice of a proposed removal, demotion, or sus-
pension under this section shall be 7 business days. 
(C) 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) The Secretary shall issue a final decision with re-
spect to a removal, demotion, or suspension under this sec-
tion 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 there-
for. 
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(3) The procedures under chapter 43 of title 5, 
United States Code, shall not apply to a removal, demo-
tion, or suspension under this section. 
(4)(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 pursu-
ant to section 7701(b)(1) of title 5, United States Code. 
(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 ap-
peal under subsection (c)(4)(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, 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 sub-
stantial evidence. 
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(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 Sec-
retary. 
(3)(A) The decision of the administrative judge under 
paragraph (1) may be appealed to the Merit Systems Pro-
tection 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, de-
mote, or suspend an employee under subsection (a) if the 
decision is supported by substantial evidence. 
(C) Notwithstanding title 5 or any other provision of 
law, if the decision of the Secretary is supported by sub-
stantial 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 Pro-
tection Board shall, not later than 14 business days after 
the expiration of the 180-day period, submit to the Com-
mittee on Health, Education, Labor, and Pensions of the 
Senate and the Committee on Education and the Work-
force of the House of Representatives a report that ex-
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plains the reasons why a decision was not issued in accord-
ance 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 sec-
tion 7703 of title 5, United States Code, or to any court 
of appeals of competent jurisdiction pursuant to sub-
section (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, United States 
Code. 
(7) During the period beginning on the date on which 
a covered individual appeals a removal from the civil serv-
ice 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 indi-
vidual may not receive any pay, awards, bonuses, incen-
tives, 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. 
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(9) If an employee prevails on appeal under this sec-
tion, the employee shall be entitled to backpay (as pro-
vided in section 5596 of title 5, United States Code). 
(10) If an employee who is subject to a collective bar-
gaining agreement chooses to grieve an action taken under 
this section through a grievance procedure provided under 
the collective bargaining agreement, the timelines and pro-
cedures 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 be-
half of whom corrective action is sought) from the Office 
of Special Counsel based on an alleged prohibited per-
sonnel practice described in section 2302(b) of title 5, 
United States Code, the Secretary may not remove, de-
mote, or suspend such covered individual under subsection 
(a) without the approval of the Special Counsel under sec-
tion 1214(f) of such title. 
(2) In the case of a covered individual who has made 
a whistleblower disclosure to the Office of Management 
of the Department of Education, the Secretary may not 
remove, demote, or suspend such covered individual under 
subsection (a) until— 
(A) in the case in which the Deputy Secretary 
determines to refer the whistleblower disclosure 
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under section 3(a)(1)(D) to an office or other inves-
tigative entity, a final decision with respect to the 
whistleblower disclosure has been made by such of-
fice or other investigative entity; or 
(B) in the case in which the Deputy Secretary 
determines not to the refer the whistleblower disclo-
sure under such section, the Assistant Secretary 
makes such determination. 
(f) TERMINATION OF INVESTIGATIONS BY OFFICE OF 
SPECIAL COUNSEL.—(1) Notwithstanding any other pro-
vision 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 termi-
nation 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 va-
cancy arising as a result of such removal or demotion. 
(h) DEFINITIONS.—In this section: 
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(1) The term ‘‘covered individual’’ means an in-
dividual occupying a position at the Department, but 
does not include— 
(A) an individual occupying a senior execu-
tive position at the Department; 
(B) an individual appointed under title II 
of the Department of Education Organization 
Act (20 U.S.C. 3411 et seq.); 
(C) an individual who has not completed a 
probationary or trial period; or 
(D) a political appointee. 
(2) 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. 
(3) The term ‘‘grade’’ has the meaning given 
such term in section 7511(a) of title 5, United 
States Code. 
(4) The term ‘‘misconduct’’ includes neglect of 
duty, malfeasance, or failure to accept a directed re-
assignment or to accompany a position in a transfer 
of function. 
(5) The term ‘‘political appointee’’ means an in-
dividual who is— 
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(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 
C of subpart C of part 213 of title 5, Code of 
Federal Regulations, or successor regulation. 
SEC. 8. REDUCTION OF BENEFITS OF EMPLOYEES CON-
VICTED OF CERTAIN CRIMES. 
(a) REDUCTION OF ANNUITY FOR REMOVED EM-
PLOYEE.—(1) The Secretary shall order that the covered 
service of an employee of the Department removed from 
a position for performance or misconduct under any provi-
sion 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— 
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(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 pro-
posed 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 pro-
vides notice to the individual under subpara-
graph (B)(i). 
(2) 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 pre-
scribe for purposes of this subsection. 
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(b) REDUCTION
OF ANNUITY
FOR RETIRED EM-
PLOYEE.—(1) The Secretary may order that the covered 
service of an individual who the Secretary proposes to re-
move for performance or misconduct under any 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 cal-
culating 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 pro-
posed 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 
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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 Secretary pro-
vides notice to the individual under subpara-
graph (B)(i). 
(2) Upon the issuance of an order by the Secretary 
under paragraph (1), the individual shall have an oppor-
tunity 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) The Director of the Office of Personnel Manage-
ment 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 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. 
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(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 other-
wise 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. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘covered service’’ means, with re-
spect to an individual subject to a removal for per-
formance or misconduct under section 4 or any 
other provision of law, the period of service begin-
ning 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 De-
partment prior to the issuance of a final decision 
with respect to such action. 
(2) The term ‘‘lump-sum credit’’ has the mean-
ing given such term in section 8331(8) or section 
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8401(19) of title 5, United States Code, as the case 
may be. 
(3) 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. 
SEC. 9. 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, section 141(d)(5)(B) 
of the Higher Education Act of 1965 (20 U.S.C. 
1018(d)(5)(B)), or another provision of Federal law, 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 
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(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— 
(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 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 re-
spect to an appeal under paragraph (1) within 30 business 
days after receiving such appeal. 
(c) EFFECTIVE DATE.—This section shall apply with 
respect to an award or bonus paid by the Secretary to 
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an employee of the Department on or after the date of 
the enactment of this Act. 
SEC. 10. ADVERSE ACTIONS AGAINST SUPERVISORY EM-
PLOYEES WHO COMMIT PROHIBITED PER-
SONNEL ACTIONS RELATING TO WHISTLE-
BLOWER COMPLAINTS. 
(a) IN GENERAL.—(1) In accordance with paragraph 
(2), the Secretary shall carry out the following adverse ac-
tions against supervisory employees (as defined in section 
7103(a) of title 5) whom the Secretary, an administrative 
judge, the Merit Systems Protection Board, the Office of 
Special Counsel, an adjudicating body provided under a 
union contract, a Federal judge, or the Inspector General 
of the Department determines committed a prohibited per-
sonnel action described in subsection (c): 
(A) With respect to the first offense, an adverse 
action that is not less than a 12-day suspension and 
not more than removal. 
(B) With respect to the second offense, re-
moval. 
(2)(A) An employee against whom an adverse action 
under paragraph (1) is proposed is entitled to written no-
tice. 
(B)(i) An employee who is notified under subpara-
graph (A) of being the subject of a proposed adverse ac-
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tion under paragraph (1) is entitled to 10 days following 
such notification to answer and furnish evidence in sup-
port of the answer. 
(ii) If the employee does not furnish any such evi-
dence as described in clause (i) or if the Secretary deter-
mines that such evidence is not sufficient to reverse the 
determination to propose the adverse action, the Secretary 
shall carry out the adverse action following such 10-day 
period. 
(C) Paragraphs (1) and (2) of subsection (b) of sec-
tion 7513 of title 5, subsection (c) of such section, para-
graphs (1) and (2) of subsection (b) of section 7543 of 
such title, and subsection (c) of such section shall not 
apply with respect to an adverse action carried out under 
paragraph (1). 
(b) LIMITATION ON OTHER ADVERSE ACTIONS.— 
With respect to a prohibited personnel action described in 
subsection (c), if the Secretary carries out an adverse ac-
tion against a supervisory employee, the Secretary may 
carry out an additional adverse action under this section 
based on the same prohibited personnel action if the total 
severity of the adverse actions do not exceed the level spec-
ified in subsection (a). 
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(c) PROHIBITED PERSONNEL ACTION DESCRIBED.— 
A prohibited personnel action described in this subsection 
is any of the following actions: 
(1) Taking or failing to take a personnel action 
in violation of section 2302 of title 5 against an em-
ployee relating to the employee— 
(A) making a whistleblower disclosure to 
the Assistant Secretary for Accountability and 
Whistleblower Protection, the Inspector General 
of the Department, the Special Counsel, or 
Congress; 
(B) providing information or participating 
as a witness in an investigation of a whistle-
blower disclosure made to the Assistant Sec-
retary for Accountability and Whistleblower 
Protection, the Inspector General of the De-
partment, the Special Counsel, or Congress; 
(C) participating in an audit or investiga-
tion by the Comptroller General of the United 
States; 
(D) refusing to perform an action that is 
unlawful or prohibited by the Department; or 
(E) engaging in communications that are 
related to the duties of the position or are oth-
erwise protected. 
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(2) Preventing or restricting an employee from 
making an action described in any of subparagraphs 
(A) through (E) of paragraph (1). 
(3) Conducting a negative peer review or open-
ing a retaliatory investigation because of an activity 
of an employee that is protected by section 2302 of 
title 5. 
(4) Requesting a contractor to carry out an ac-
tion that is prohibited by section 4705(b) or section 
4712(a)(1) of title 41, as the case may be. 
SEC. 11. RECOUPMENT OF RELOCATION EXPENSES PAID 
ON BEHALF OF EMPLOYEES OF DEPART-
MENT. 
(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, 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; 
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(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 
(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 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 re-
spect to an appeal under paragraph (1) within 30 days 
after receiving such appeal. 
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(c) EFFECTIVE DATE.—This section 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. 
(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. 12. IMPROVEMENT OF TRAINING FOR SUPERVISORS. 
(a) IN GENERAL.—The Secretary of Education shall 
provide to each employee of the Department of Education 
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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(b) DEFINITIONS.—In this section, the term ‘‘super-
visor’’ has the meaning given such term in section 7103(a) 
of title 5, United States Code. 
SEC. 13. ASSESSMENT AND REPORT ON EFFECT ON SENIOR 
EXECUTIVES 
AT 
DEPARTMENT 
OF 
EDU-
CATION. 
(a) IN GENERAL.—Not later than two years after the 
date of the enactment of this Act, the Secretary of Edu-
cation, in consultation with the Office of Management, 
shall— 
(1) measure and assess the effect of the enact-
ment of this title on the morale, engagement, hiring, 
promotion, retention, discipline, and productivity of 
individuals in senior executive positions at the De-
partment; and 
(2) submit to the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate and the 
Committee on Education and the Workforce of the 
House of Representatives 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 at 
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the Department 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 at the Department; and 
(B) trends in applications to senior execu-
tive positions at 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 
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(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 
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 at the Department 
and components and offices which experience 
the least relative to the size of the components 
or offices’ total number of senior executive posi-
tions at the Department; 
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(C) the tenure of individuals in senior ex-
ecutive positions at the Department who are the 
subject of disciplinary action; 
(D) whether the individuals in senior exec-
utive positions at the Department 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 individ-
uals in senior executive positions at the Depart-
ment 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 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 
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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 at the Department 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 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 
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joining and becoming oriented with the Depart-
ment. 
SEC. 14. MEASUREMENT OF DEPARTMENT OF EDUCATION 
DISCIPLINARY PROCESS OUTCOMES AND EF-
FECTIVENESS. 
(a) MEASURING AND COLLECTING.— 
(1) IN GENERAL.—The Secretary of Education, 
in consultation with the Office of Management, shall 
measure and collect information on the outcomes of 
disciplinary actions carried out by the Department 
of Education during the three-year period ending on 
the date of the enactment of this Act and the effec-
tiveness of such actions. 
(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. 
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(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.— 
(1) IN GENERAL.—Not later than December 31, 
2017, the Secretary shall submit to the appropriate 
committees of 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 sub-
section (a). 
(B) The findings of the Secretary with re-
spect to the measurement and collection carried 
out under subsection (a). 
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(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. 
(3) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—In this subsection, the term ‘‘appropriate 
committees of Congress’’ means— 
(A) the Committee on Appropriations and 
the Committee on Health, Education, Labor, 
and Pensions of the Senate; and 
(B) the Committee on Appropriations and 
the Committee on Education and the Workforce 
of the House of Representatives. 
Æ 
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