,i #aafth ,,congress #ast ,session ,h4 ,r4 #bahh ,,in ,,the ,,house ,,of ,,representatives ,april #i1 #bjai,mr4 ,rooney of ,florida 7for himself and ,mr4 ,smucker7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor1 and in addition to the ,committee on ,oversight and ,reform1 for a period to be subsequently determined by the ,speaker1 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 ,education4 #a4 ,short title ,this ,act may be cited as the ,department of ,education ,accountability and ,whistleblower ,protection ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,the term ,department means the ,department of ,education4 7#b7 ,the term ,deputy ,secretary means the ,deputy ,secretary of ,education4 7#c7 ,the term ,office means the ,office of ,management of the ,department of ,education4 7#d7 ,the term ,secretary means the ,secretary of ,education4 7#e7 ,the term senior executive position at the ,department means an individual appointed under section #dja7;d7 of the ,department of ,education ,organization ,act 7#bj ,u4,s4,c4 #cdfa74 7#f7 ,the term supervisory employee means an employee of the ,department who is a supervisor as defined in section #gajc7;a77#aj7 of title #e1 ,united ,states ,code4 7#g7 ,the term whistleblower means one who makes a whistleblower disclosure4 7#h7 ,the term whistleblower disclosure means any disclosure of information by an employee of the ,department or individual applying to become an employee of the ,department which the employee or individual reasonably believes evidences-- 7,a7 a violation of a law1 rule1 or regulation2 or 7,b7 gross mismanagement1 a gross waste of funds1 an abuse of authority1 or a substantial and specific danger to public health or safety4 #c4 ,office of ,management 7a7 ,functions 7#a7 ,in addition to any other functions1 the functions of the ,office are as follows3 7,a7 ,advising the ,secretary on all matters of the ,department relating to accountability1 including accountability of employees of the ,department1 retaliation against whistleblowers1 and such matters as the ,secretary considers similar and affect public trust at the ,department4 7,b7 ,issuing reports and providing recommendations related to the duties described in subparagraph 7,a74 7,c7 ,receiving whistleblower disclosures4 7,d7 ,referring whistleblower disclosures received under subparagraph 7,c7 for investigation to the ,office of ,inspector ,general1 or other investigative entity1 as appropriate1 if the ,deputy ,secretary has reason to believe the whistleblower disclosure is evidence of a violation of a provision of law1 mismanagement1 gross waste of funds1 or an abuse of authority4 7,e7 ,receiving and referring disclosures from the ,special ,counsel for the ,inspector ,general of the ,department1 or such other person with investigatory authority1 as the ,deputy ,secretary considers appropriate4 7,f7 ,recording1 tracking1 reviewing1 and confirming implementation of recommendations from audits and investigations carried out by the ,inspector ,general of the ,department1 the ,special ,counsel1 and the ,comptroller ,general of the ,united ,states1 including the imposition of disciplinary actions and other corrective actions contained in such recommendations4 7,g7 ,analyzing data from the ,office and the ,office of ,inspector ,general telephone hotlines1 other whistleblower disclosures1 disaggregated by facility and area of health care if appropriate1 and relevant audits and investigations to identify trends and issue reports to the ,secretary based on analysis conducted under this subparagraph4 7,h7 ,receiving1 reviewing1 and investigating allegations of misconduct1 retaliation1 or poor performance involving-- 7i7 an individual in a senior executive position at the ,department2 7ii7 an individual employed in a confidential1 policy-making1 policy-determining1 or policy-advocating position at the ,department2 or 7iii7 a supervisory employee1 if the allegation involves retaliation against an employee for making a whistleblower disclosure4 7,i7 ,making such recommendations to the ,secretary for disciplinary action as the ,deputy ,secretary considers appropriate after substantiating any allegation of misconduct or poor performance pursuant to an investigation carried out as described in subparagraph 7,f7 or 7,h74 7#b7 ,in carrying out the functions of the ,office1 the ,deputy ,secretary shall ensure that the ,office maintains a toll-free telephone number and ,internet website to receive anonymous whistleblower disclosures4 7#c7 ,in any case in which the ,deputy ,secretary receives a whistleblower disclosure from an employee of the ,department under paragraph 7#a77;,c71 the ,deputy ,secretary may not disclose the identity of the employee without the consent of the employee1 except in accordance with the provisions of section #eeb;a of title #e1 ,united ,states ,code1 or as required by any other applicable provision of ,federal law4 7b7 ,staff and resources ,the ,secretary shall ensure that the ,deputy ,secretary has such staff1 resources1 and access to information as may be necessary to carry out the functions of the ,office4 7c7 ,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 ,counsel4 7d7 ,reports 7#a7 7,a7 ,not later than ,june #cj of each calendar year1 beginning with ,june #cj1 #bjbj1 the ,deputy ,secretary shall submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and ,labor of the ,house of ,representatives a report on the activities of the ,office during the calendar year in which the report is submitted4 7,b7 ,each report submitted under subparagraph 7,a7 shall include1 for the period covered by the report1 the following3 7i7 ,a full and substantive analysis of the activities of the ,office1 including such statistical information as the ,deputy ,secretary considers appropriate4 7ii7 ,identification of any issues reported to the ,secretary under subsection 7b77#a77;,g71 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 issues4 7iii7 ,identification of such concerns as the ,deputy ,secretary may have regarding the size1 staffing1 and resources of the ,office and such recommendations as the ,deputy ,secretary may have for legislative or administrative action to address such concerns4 7iv7 ,such recommendations as the ,deputy ,secretary may have for legislative or administrative action to improve-- 7,i7 the process by which concerns are reported to the ,office2 and 7,,ii7 the protection of whistleblowers within the ,department4 7v7 ,such other matters as the ,deputy ,secretary considers appropriate regarding the functions of the ,office or other matters relating to the ,office4 7#b7 ,if the ,secretary receives a recommendation for disciplinary action under subsection 7b77#a77;,i7 and does not take or initiate the recommended disciplinary action before the date that is #fj days after the date on which the ,secretary received the recommendation1 the ,secretary shall submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and ,labor of the ,house of ,representatives a detailed justification for not taking or initiating such disciplinary action4 #d4 ,protection of whistleblowers as criteria in evaluation of supervisors 7a7 ,development and use of criteria required ,the ,secretary1 in consultation with the ,office of the ,principal ,deputy ,secretary1 shall develop criteria that-- 7#a7 the ,secretary shall use as a critical element in any evaluation of the performance of a supervisory employee2 and 7#b7 promotes the protection of whistleblowers4 7b7 ,principles for protection of whistleblowers ,the criteria required by subsection 7a7 shall include principles for the protection of whistleblowers1 such as the degree to which supervisory employees respond constructively when employees of the ,department report concerns1 take responsible action to resolve such concerns1 and foster an environment in which employees of the ,department feel comfortable reporting concerns to supervisory employees or to the appropriate authorities4 #e4 ,training regarding whistleblower disclosures 7a7 ,training ,not less frequently than once every two years1 the ,secretary1 in coordination with the ,whistleblower ,protection ,ombudsman designated under section #c7;d77#a77;,c7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 shall provide to each employee of the ,department training regarding whistleblower disclosures1 including-- 7#a7 an explanation of each method established by law in which an employee may file a whistleblower disclosure2 7#b7 the right of the employee to petition ,congress regarding a whistleblower disclosure in accordance with section #gbaa of title #e1 ,united ,states ,code2 7#c7 an explanation that the employee may not be prosecuted or reprised against for disclosing information to ,congress1 the ,inspector ,general1 or another investigatory agency in instances where such disclosure is permitted by law1 including under section #eeb;a of title #e1 ,united ,states ,code 7commonly referred to as the ,privacy ,act72 7#d7 an explanation of the language that is required to be included in all nondisclosure policies1 forms1 and agreements pursuant to section #aae7;a77#a7 of the ,whistleblower ,protection ,enhancement ,act of #bjab 7#e ,u4,s4,c4 #bcjb note72 and 7#e7 the right of contractors to be protected from reprisal for the disclosure of certain information under section #dgje or #dgab of title #da1 ,united ,states ,code4 7b7 ,manner training is provided ,the ,secretary shall ensure1 to the maximum extent practicable1 that training provided under subsection 7a7 is provided in person4 7c7 ,certification ,not less frequently than once every two years1 the ,secretary shall provide training on merit system protection in a manner that the ,special ,counsel certifies as being satisfactory4 7d7 ,publication ,the ,secretary shall publish on the ,internet website of the ,department1 and display prominently at each facility of the ,department1 the rights of an employee to make a whistleblower disclosure1 including the information described in paragraphs 7#a7 through 7#e7 of subsection 7a74 #f4 ,senior executives3 removal1 demotion1 or suspension based on performance or misconduct 7a7 ,authority 7#a7 ,the ,secretary of ,education1 in consultation with the ,office of ,management1 may1 as provided in this section1 reprimand or suspend1 involuntarily reassign1 demote1 or remove a covered individual from a senior executive position at the ,department if the ,secretary determines that the misconduct or performance of the covered individual warrants such action4 7#b7 ,if the ,secretary so removes such an individual1 the ,secretary may remove the individual from the civil service 7as defined in section #baja7a7 of title #e1 ,united ,states ,code74 7b7 ,rights and procedures 7#a7 ,a covered individual who is the subject of an action under subsection 7a7 is entitled to-- 7,a7 advance notice of the action and a file containing all evidence in support of the proposed action2 7,b7 be represented by an attorney or other representative of the covered individual's choice2 and 7,c7 grieve the action in accordance with an internal grievance process that the ,secretary1 in consultation with the ,office of ,management1 shall establish for purposes of this subsection4 7#b7 7,a7 ,the aggregate period for notice1 response1 and decision on an action under subsection 7a7 may not exceed #ae business days4 7,b7 ,the period for the response of a covered individual to a notice under paragraph 7#a77;,a7 of an action under subsection 7a7 shall be #g business days4 7,c7 ,a decision under this paragraph on an action under subsection 7a7 shall be issued not later than #ae business days after notice of the action is provided to the covered individual under paragraph 7#a77;,a74 ,the decision shall be in writing1 and shall include the specific reasons therefor4 7#c7 ,the ,secretary shall ensure that the grievance process established under paragraph 7#a77;,c7 takes fewer than #ba days4 7#d7 ,a decision under paragraph 7#b7 that is not grieved1 and a grievance decision under paragraph 7#c71 shall be final and conclusive4 7#e7 ,a covered individual adversely affected by a decision under paragraph 7#b7 that is not grieved1 or by a grievance decision under paragraph 7#c71 may obtain judicial review of such decision4 7#f7 ,in any case in which judicial review is sought under paragraph 7#e71 the court shall review the record and may set aside any ,department action found to be-- 7,a7 arbitrary1 capricious1 an abuse of discretion1 or otherwise not in accordance with a provision of law2 7,b7 obtained without procedures required by a provision of law having been followed2 or 7,c7 unsupported by substantial evidence4 7c7 ,relation to other provisions of law ,section #ceib7;b77#a7 of title #e1 ,united ,states ,code1 and the procedures under section #gedc7;b7 of such title do not apply to an action under subsection 7a74 7d7 ,definitions ,in this section-- 7#a7 the term covered individual means-- 7,a7 a career appointee 7as that term is defined in section #cacb7;a77#d7 of title #e1 ,united ,states ,code72 or 7,b7 any individual who occupies an administrative or executive position and who was appointed under title ,,ii of the ,department of ,education ,organization ,act 7#bj ,u4,s4,c4 #cdaa et seq472 and 7#b7 the term misconduct includes neglect of duty1 malfeasance1 or failure to accept a directed reassignment or to accompany a position in a transfer of function4 #g4 ,employees3 removal1 demotion1 or suspension based on performance or misconduct 7a7 ,in general 7#a7 ,the ,secretary1 in consultation with the ,office of ,management1 may remove1 demote1 or suspend a covered individual who is an employee of the ,department if the ,secretary determines the performance or misconduct of the covered individual warrants such removal1 demotion1 or suspension4 7#b7 ,if the ,secretary so removes1 demotes1 or suspends such a covered individual1 the ,secretary may-- 7,a7 remove the covered individual from the civil service 7as defined in section #baja7a7 of title #e1 ,united ,states ,code72 7,b7 demote the covered individual by means of a reduction in grade for which the covered individual is qualified1 that the ,secretary determines is appropriate1 and that reduces the annual rate of pay of the covered individual2 or 7,c7 suspend the covered individual4 7b7 ,pay of certain demoted individuals 7#a7 ,notwithstanding any other provision of law1 any covered individual subject to a demotion under subsection 7a77#b7 shall1 beginning on the date of such demotion1 receive the annual rate of pay applicable to such grade4 7#b7 7,a7 ,a covered individual so demoted may not be placed on administrative leave during the period during which an appeal 7if any7 under this section is ongoing1 and may only receive pay if the covered individual reports for duty or is approved to use accrued unused annual1 sick1 family medical1 military1 or court leave4 7,b7 ,if a covered individual so demoted does not report for duty or receive approval to use accrued unused leave1 such covered individual shall not receive pay or other benefits pursuant to subsection 7d77#e74 7c7 ,procedure 7#a7 7,a7 ,the aggregate period for notice1 response1 and final decision in a removal1 demotion1 or suspension under this section may not exceed #ae business days4 7,b7 ,the period for the response of a covered individual to a notice of a proposed removal1 demotion1 or suspension under this section shall be #g business days4 7,c7 ,paragraph 7#c7 of subsection 7b7 of section #geac of title #e1 ,united ,states ,code1 shall apply with respect to a removal1 demotion1 or suspension under this section4 7,d7 ,the procedures in this subsection shall supersede any collective bargaining agreement to the extent that such agreement is inconsistent with such procedures4 7#b7 ,the ,secretary shall issue a final decision with respect to a removal1 demotion1 or suspension under this section not later than #ae business days after the ,secretary provides notice1 including a file containing all the evidence in support of the proposed action1 to the covered individual of the removal1 demotion1 or suspension4 ,the decision shall be in writing and shall include the specific reasons therefor4 7#c7 ,the procedures under chapter #dc of title #e1 ,united ,states ,code1 shall not apply to a removal1 demotion1 or suspension under this section4 7#d7 7,a7 ,subject to subparagraph 7,b7 and subsection 7d71 any removal or demotion under this section1 and any suspension of more than #ad days under this section1 may be appealed to the ,merit ,systems ,protection ,board1 which shall refer such appeal to an administrative judge pursuant to section #ggja7;b77#a7 of title #e1 ,united ,states ,code4 7,b7 ,an appeal under subparagraph 7,a7 of a removal1 demotion1 or suspension may only be made if such appeal is made not later than #aj business days after the date of such removal1 demotion1 or suspension4 7d7 ,expedited review 7#a7 ,upon receipt of an appeal under subsection 7c77#d77;,a71 the administrative judge shall expedite any such appeal under section #ggja7;b77#a7 of title #e1 ,united ,states ,code1 and1 in any such case1 shall issue a final and complete decision not later than #ahj days after the date of the appeal4 7#b7 7,a7 ,notwithstanding section #ggja7;c77#a77;,b7 of title #e1 ,united ,states ,code1 the administrative judge shall uphold the decision of the ,secretary to remove1 demote1 or suspend an employee under subsection 7a7 if the decision is supported by substantial evidence4 7,b7 ,notwithstanding title #e1 ,united ,states ,code1 or any other provision of law1 if the decision of the ,secretary is supported by substantial evidence1 the administrative judge shall not mitigate the penalty prescribed by the ,secretary4 7#c7 7,a7 ,the decision of the administrative judge under paragraph 7#a7 may be appealed to the ,merit ,systems ,protection ,board4 7,b7 ,notwithstanding section #ggja7;c77#a77;,b7 of title #e1 ,united ,states ,code1 the ,merit ,systems ,protection ,board shall uphold the decision of the ,secretary to remove1 demote1 or suspend an employee under subsection 7a7 if the decision is supported by substantial evidence4 7,c7 ,notwithstanding title #e1 ,united ,states ,code1 or any other provision of law1 if the decision of the ,secretary is supported by substantial evidence1 the ,merit ,systems ,protection ,board shall not mitigate the penalty prescribed by the ,secretary4 7#d7 ,in any case in which the administrative judge cannot issue a decision in accordance with the #ahj-;day requirement under paragraph 7#a71 the ,merit ,systems ,protection ,board shall1 not later than #ad business days after the expiration of the #ahj-;day period1 submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and ,labor of the ,house of ,representatives a report that explains the reasons why a decision was not issued in accordance with such requirement4 7#e7 ,a decision of the ,merit ,systems ,protection ,board under paragraph 7#c7 may be appealed to the ,united ,states ,court of ,appeals for the ,federal ,circuit pursuant to section #ggjc of title #e1 ,united ,states ,code1 or to any court of appeals of competent jurisdiction pursuant to subsection 7b77#a77;,b7 of such section4 7#f7 ,the ,merit ,systems ,protection ,board may not stay any removal or demotion under this section1 except as provided in section #abad7;b7 of title #e1 ,united ,states ,code4 7#g7 ,during the period beginning on the date on which a covered individual appeals a removal from the civil service under subsection 7c7 and ending on the date that the ,united ,states ,court of ,appeals for the ,federal ,circuit issues a final decision on such appeal1 such covered individual may not receive any pay1 awards1 bonuses1 incentives1 allowances1 differentials1 student loan repayments1 special payments1 or benefits related to the employment of the individual by the ,department4 7#h7 ,to the maximum extent practicable1 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 expedited4 7#i7 ,if an employee prevails on appeal under this section1 the employee shall be entitled to backpay 7as provided in section #eeif of title #e1 ,united ,states ,code74 7#aj7 ,if an employee who is subject to a collective bargaining agreement chooses to grieve an action taken under this section through a grievance procedure provided under the collective bargaining agreement1 the timelines and procedures set forth in subsection 7c7 and this subsection shall apply4 7e7 ,whistleblower protection 7#a7 ,in the case of a covered individual seeking corrective action 7or on behalf of whom corrective action is sought7 from the ,office of ,special ,counsel based on an alleged prohibited personnel practice described in section #bcjb7;b7 of title #e1 ,united ,states ,code1 the ,secretary may not remove1 demote1 or suspend such covered individual under subsection 7a7 without the approval of the ,special ,counsel under section #abad7;f7 of such title4 7#b7 ,in the case of a covered individual who has made a whistleblower disclosure to the ,office of ,management of the ,department of ,education1 the ,secretary may not remove1 demote1 or suspend such covered individual under subsection 7a7 until-- 7,a7 in the case in which the ,deputy ,secretary determines to refer the whistleblower disclosure under section #c7;a77#a77;,d7 to an office or other investigative entity1 a final decision with respect to the whistleblower disclosure has been made by such office or other investigative entity2 or 7,b7 in the case in which the ,deputy ,secretary determines not to the refer the whistleblower disclosure under such section1 the ,assistant ,secretary makes such determination4 7f7 ,termination of investigations by ,office of ,special ,counsel 7#a7 ,notwithstanding any other provision of law1 the ,special ,counsel 7established by section #abaa of title #e1 ,united ,states ,code7 may terminate an investigation of a prohibited personnel practice alleged by an employee or former employee of the ,department after the ,special ,counsel provides to the employee or former employee a written statement of the reasons for the termination of the investigation4 7#b7 ,such statement may not be admissible as evidence in any judicial or administrative proceeding without the consent of such employee or former employee4 7g7 ,vacancies ,in the case of a covered individual who is removed or demoted under subsection 7a71 to the maximum extent feasible1 the ,secretary shall fill the vacancy arising as a result of such removal or demotion4 7h7 ,definitions ,in this section-- 7#a7 the term covered individual means an individual occupying a position at the ,department1 but does not include-- 7,a7 an individual occupying a senior executive position at the ,department2 7,b7 an individual appointed under title ,,ii of the ,department of ,education ,organization ,act 7#bj ,u4,s4,c4 #cdaa et seq472 7,c7 an individual who has not completed a probationary or trial period2 or 7,d7 a political appointee2 7#b7 the term suspend means the placing of an employee1 for disciplinary reasons1 in a temporary status without duties and pay for a period in excess of #ad days2 7#c7 the term grade has the meaning given such term in section #geaa7;a7 of title #e1 ,united ,states ,code2 7#d7 the term misconduct includes neglect of duty1 malfeasance1 or failure to accept a directed reassignment or to accompany a position in a transfer of function2 and 7#e7 the term political appointee means an individual who is-- 7,a7 employed in a position described under sections #ecab through #ecaf of title #e1 ,united ,states ,code 7relating to the ,executive ,schedule72 7,b7 a limited term appointee1 limited emergency appointee1 or noncareer appointee in the ,senior ,executive ,service1 as defined under paragraphs 7#e71 7#f71 and 7#g71 respectively1 of section #cacb7;a7 of title #e1 ,united ,states ,code2 or 7,c7 employed in a position of a confidential or policy-determining character under schedule ,c of subpart ,c of part #bac of title #e1 ,code of ,federal ,regulations1 or successor regulation4 #h4 ,reduction of benefits of employees convicted of certain crimes 7a7 ,reduction of annuity for removed employee 7#a7 ,the ,secretary shall order that the covered service of an employee of the ,department removed from a position for performance or misconduct under any provision of law shall not be taken into account for purposes of calculating an annuity with respect to such individual under chapter #hc or chapter #hd of title #e1 ,united ,states ,code1 if-- 7,a7 the ,secretary determines that the individual is convicted of a felony 7and the conviction is final7 that influenced the individual's performance while employed in the position2 7,b7 before such order is made1 the individual is afforded-- 7i7 notice of the proposed order2 and 7ii7 an opportunity to respond to the proposed order by not later than ten business days following receipt of such notice2 and 7,c7 the ,secretary issues the order-- 7i7 in the case of a proposed order to which an individual responds under subparagraph 7,b77ii71 not later than five business days after receiving the response of the individual2 or 7ii7 in the case of a proposed order to which an individual does not respond1 not later than #ae business days after the ,secretary provides notice to the individual under subparagraph 7,b77i74 7#b7 ,any individual with respect to whom an annuity is reduced under this subsection may appeal the reduction to the ,director of the ,office of ,personnel ,management pursuant to such regulations as the ,director may prescribe for purposes of this subsection4 7b7 ,reduction of annuity for retired employee 7#a7 ,the ,secretary may order that the covered service of an individual who the ,secretary proposes to remove 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 calculating an annuity with respect to such individual under chapter #hc or chapter #hd of title #e1 ,united ,states ,code1 if-- 7,a7 the ,secretary determines that individual is convicted of a felony 7and the conviction is final7 that influenced the individual's performance while employed in the position2 7,b7 before such order is made1 the individual is afforded-- 7i7 notice of the proposed order2 and 7ii7 an opportunity to respond to the proposed order by not later than ten business days following receipt of such notice2 and 7,c7 the ,secretary issues the order-- 7i7 in the case of a proposed order to which an individual responds under subparagraph 7,b77ii71 not later than five business days after receiving the response of the individual2 or 7ii7 in the case of a proposed order to which an individual does not respond1 not later than #ae business days after the ,secretary provides notice to the individual under subparagraph 7,b77i74 7#b7 ,upon the issuance of an order by the ,secretary under paragraph 7#a71 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 issuance4 7#c7 ,the ,director of the ,office of ,personnel ,management shall make a final decision with respect to an appeal under paragraph 7#b7 within #cj business days of receiving the appeal4 7c7 ,administrative requirements ,not later than #cg business days after the ,secretary issues a final order under subsection 7a7 or 7b7 with respect to an individual1 the ,director of the ,office of ,personnel ,management shall recalculate the annuity of the individual4 7d7 ,lump-,sum ,annuity ,credit ,any individual with respect to whom an annuity is reduced under subsection 7a7 or 7b7 shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to the period of covered service4 7e7 ,spouse or children exception 7#a7 ,the ,secretary1 in consultation with the ,director of the ,office of ,personnel ,management1 shall prescribe regulations that may provide for the payment to the spouse or children of any individual referred to in subsection 7a7 or 7b7 of any amounts which 7but for this subsection7 would otherwise have been nonpayable by reason of such subsections4 7#b7 ,regulations prescribed under paragraph 7#a7 shall be consistent with the requirements of sections #hccb7o77#e7 and #hdaa7l77#e7 of title #e1 ,united ,states ,code1 as the case may be4 7f7 ,definitions ,in this section-- 7#a7 the term covered service means1 with respect to an individual subject to a removal for performance or misconduct under section #d or any other provision of law1 the period of service beginning on the date that the ,secretary determines under such applicable provision that the individual engaged in activity that gave rise to such action and ending on the date that the individual is removed from or leaves a position of employment at the ,department prior to the issuance of a final decision with respect to such action2 7#b7 the term lump-sum credit has the meaning given such term in section #hcca7h7 or section #hdja7ai7 of title #e1 ,united ,states ,code1 as the case may be2 and 7#c7 the term service has the meaning given such term in section #hcca7ab7 or section #hdja7bf7 of title #e1 ,united ,states ,code1 as the case may be4 #i4 ,recoupment of bonuses or awards paid to employees of ,department 7a7 ,in general ,notwithstanding any other provision of law1 the ,secretary may issue an order directing an employee of the ,department to repay the amount1 or a portion of the amount1 of any award or bonus paid to the employee under title #e1 ,united ,states ,code1 including under chapter #de or #ec of such title1 section #ada7;d77#e77;,b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajah7;d77#e77;,b771 or another provision of ,federal law1 if-- 7#a7 the ,secretary determines that the individual engaged in misconduct or poor performance prior to payment of the award or bonus1 and that such award or bonus would not have been paid1 in whole or in part1 had the misconduct or poor performance been known prior to payment2 7#b7 before such repayment1 the employee is afforded-- 7,a7 notice of the proposed order2 and 7,b7 an opportunity to respond to the proposed order by not later than #aj business days after the receipt of such notice2 and 7#c7 the ,secretary issues the order-- 7,a7 in the case of a proposed order to which an individual responds under paragraph 7#b77;,b71 not later than five business days after receiving the response of the individual2 or 7,b7 in the case of a proposed order to which an individual does not respond1 not later than #ae business days after the ,secretary provides notice to the individual under paragraph 7#b77;,a74 7b7 ,appeal of order of ,secretary 7#a7 ,upon the issuance of an order by the ,secretary under subsection 7a7 with respect to an individual1 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 issuance4 7#b7 ,the ,director shall make a final decision with respect to an appeal under paragraph 7#a7 within #cj business days after receiving such appeal4 7c7 ,effective date ,this section shall apply with respect to an award or bonus paid by the ,secretary to an employee of the ,department on or after the date of the enactment of this ,act4 #aj4 ,adverse actions against supervisory employees who commit prohibited personnel actions relating to whistleblower complaints 7a7 ,in general 7#a7 ,in accordance with paragraph 7#b71 the ,secretary shall carry out the following adverse actions against supervisory employees 7as defined in section #gajc7;a7 of title #e1 ,united ,states ,code7 whom the ,secretary1 an administrative judge1 the ,merit ,systems ,protection ,board1 the ,office of ,special ,counsel1 an adjudicating body provided under a union contract1 a ,federal judge1 or the ,inspector ,general of the ,department determines committed a prohibited personnel action described in subsection 7c73 7,a7 ,with respect to the first offense1 an adverse action that is not less than a #ab-;day suspension and not more than removal4 7,b7 ,with respect to the second offense1 removal4 7#b7 7,a7 ,an employee against whom an adverse action under paragraph 7#a7 is proposed is entitled to written notice4 7,b7 7i7 ,an employee who is notified under subparagraph 7,a7 of being the subject of a proposed adverse action under paragraph 7#a7 is entitled to #aj days following such notification to answer and furnish evidence in support of the answer4 7ii7 ,if the employee does not furnish any such evidence as described in clause 7i7 or if the ,secretary determines that such evidence is not sufficient to reverse the determination to propose the adverse action1 the ,secretary shall carry out the adverse action following such #aj-;day period4 7,c7 ,paragraphs 7#a7 and 7#b7 of subsection 7b7 of section #geac of title #e1 ,united ,states ,code1 subsection 7c7 of such section1 paragraphs 7#a7 and 7#b7 of subsection 7b7 of section #gedc of such title1 and subsection 7c7 of such section shall not apply with respect to an adverse action carried out under paragraph 7#a74 7b7 ,limitation on other adverse actions ,with respect to a prohibited personnel action described in subsection 7c71 if the ,secretary carries out an adverse action against a supervisory employee1 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 specified in subsection 7a74 7c7 ,prohibited personnel action described ,a prohibited personnel action described in this subsection is any of the following actions3 7#a7 ,taking or failing to take a personnel action in violation of section #bcjb of title #e1 ,united ,states ,code1 against an employee relating to the employee-- 7,a7 making a whistleblower disclosure to the ,assistant ,secretary for ,accountability and ,whistleblower ,protection1 the ,inspector ,general of the ,department1 the ,special ,counsel1 or ,congress2 7,b7 providing information or participating as a witness in an investigation of a whistleblower disclosure made to the ,assistant ,secretary for ,accountability and ,whistleblower ,protection1 the ,inspector ,general of the ,department1 the ,special ,counsel1 or ,congress2 7,c7 participating in an audit or investigation by the ,comptroller ,general of the ,united ,states2 7,d7 refusing to perform an action that is unlawful or prohibited by the ,department2 or 7,e7 engaging in communications that are related to the duties of the position or are otherwise protected4 7#b7 ,preventing or restricting an employee from making an action described in any of subparagraphs 7,a7 through 7,e7 of paragraph 7#a74 7#c7 ,conducting a negative peer review or opening a retaliatory investigation because of an activity of an employee that is protected by section #bcjb of title #e1 ,united ,states ,code4 7#d7 ,requesting a contractor to carry out an action that is prohibited by section #dgje7;b7 or section #dgab7;a77#a7 of title #da1 as the case may be4 #aa4 ,recoupment of relocation expenses paid on behalf of employees of ,department 7a7 ,in general ,notwithstanding any other provision of law1 the ,secretary may issue an order directing an employee of the ,department to repay the amount1 or a portion of the amount1 paid to or on behalf of the employee under title #e1 ,united ,states ,code1 for relocation expenses1 including any expenses under section #egbd or #egbd;a of such title1 if-- 7#a7 the ,secretary determines that relocation expenses were paid following an act of fraud or malfeasance that influenced the authorization of the relocation expenses2 7#b7 before such repayment1 the employee is afforded-- 7,a7 notice of the proposed order2 and 7,b7 an opportunity to respond to the proposed order not later than ten business days following the receipt of such notice2 and 7#c7 the ,secretary issues the order-- 7,a7 in the case of a proposed order to which an individual responds under paragraph 7#b77;,b71 not later than five business days after receiving the response of the individual2 or 7,b7 in the case of a proposed order to which an individual does not respond1 not later than #ae business days after the ,secretary provides notice to the individual under paragraph 7#b77;,a74 7b7 ,appeal of order of ,secretary 7#a7 ,upon the issuance of an order by the ,secretary under subsection 7a7 with respect to an individual1 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 issuance4 7#b7 ,the ,director shall make a final decision with respect to an appeal under paragraph 7#a7 within #cj days after receiving such appeal4 7c7 ,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 ,act4 7d7 ,construction ,nothing in this ,act or the amendments made by this ,act may be construed to modify the certification issued by the ,office of ,personnel ,management and the ,office of ,management and ,budget regarding the performance appraisal system of the ,senior ,executive ,service of the ,department4 #ab4 ,improvement of training for supervisors 7a7 ,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 following3 7#a7 ,the rights of whistleblowers and how to address a report by an employee of a hostile work environment1 reprisal1 or harassment4 7#b7 ,how to effectively motivate1 manage1 and reward the employees who report to the supervisor4 7#c7 ,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 employees4 7b7 ,definitions ,in this section1 the term supervisor has the meaning given such term in section #gajc7;a7 of title #e1 ,united ,states ,code4 #ac4 ,assessment and report on effect on senior executives at ,department of ,education 7a7 ,in general ,not later than two years after the date of the enactment of this ,act1 the ,secretary of ,education1 in consultation with the ,office of ,management1 shall-- 7#a7 measure and assess the effect of the enactment of this ,act on the morale1 engagement1 hiring1 promotion1 retention1 discipline1 and productivity of individuals in senior executive positions at the ,department2 and 7#b7 submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and ,labor of the ,house of ,representatives a report on the findings of the ,secretary with respect to the measurement and assessment carried out under paragraph 7#a74 7b7 ,elements ,the assessment required by subsection 7a77#a7 shall include the following3 7#a7 ,with respect to engagement1 trends in morale of individuals in senior executive positions at the ,department and individuals aspiring to senior executive positions4 7#b7 ,with respect to promotions-- 7,a7 whether the ,department is experiencing an increase or decrease in the number of employees participating in leadership development and candidate development programs with the intention of becoming candidates for senior executive positions at the ,department2 and 7,b7 trends in applications to senior executive positions at the ,department4 7#c7 ,with respect to retention-- 7,a7 trends in retirement rates of individuals in senior executive positions at the ,department2 7,b7 trends in quit rates of individuals in senior executive positions at the ,department2 7,c7 rates of transfer of-- 7i7 individuals from other ,federal agencies into senior executive positions at the ,department2 and 7ii7 individuals from senior executive positions at the ,department to other ,federal agencies2 and 7,d7 trends in total loss rates by job function4 7#d7 ,with respect to disciplinary processes-- 7,a7 regarding individuals in senior executive positions at the ,department who are the subject of disciplinary action-- 7i7 the length of the disciplinary process in days for such individuals both before the date of the enactment of this ,act and under the provisions of this ,act described in subsection 7a77#a72 and 7ii7 the extent to which appeals by such individuals are upheld under such provisions as compared to before the date of the enactment of this ,act2 7,b7 the components or offices of the ,department 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 positions at the ,department2 7,c7 the tenure of individuals in senior executive positions at the ,department who are the subject of disciplinary action2 7,d7 whether the individuals in senior executive positions at the ,department who are the subject of disciplinary action have previously been disciplined2 and 7,e7 the number of instances of disciplinary action taken by the ,secretary against individuals in senior executive positions at the ,department as compared to governmentwide discipline against individuals in ,senior ,executive ,service positions 7as defined in section #cacb7;a7 of title #e1 ,united ,states ,code7 as a percentage of the total number of individuals in senior executive positions at the ,department and ,senior ,executive ,service positions 7as so defined74 7#e7 ,with respect to hiring-- 7,a7 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 ,department2 7,b7 the types of senior executive positions at the ,department most commonly filled under the authorities in the provisions described in subsection 7a77#a72 7,c7 the number of senior executive positions at the ,department filled by hires outside of the ,department compared to hires from within the ,department2 7,d7 the length of time to fill a senior executive position at the ,department and for a new hire to begin working in a new senior executive position2 7,e7 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 7a7 and annual performance of the ,department2 7,f7 the satisfaction of applicants for senior executive positions at the ,department with the hiring process1 including the clarity of job announcements1 reasons for withdrawal of applications1 communication regarding status of applications1 and timeliness of hiring decision2 and 7,g7 the satisfaction of newly hired individuals in senior executive positions at the ,department with the hiring process and the process of joining and becoming oriented with the ,department4 #ad4 ,measurement of ,department of ,education disciplinary process outcomes and effectiveness 7a7 ,measuring and collecting 7#a7 ,in general ,the ,secretary of ,education1 in consultation with the ,office of ,management1 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 effectiveness of such actions4 7#b7 ,elements ,in measuring and collecting pursuant to paragraph 7#a71 the ,secretary shall measure and collect information regarding the following3 7,a7 ,the average time from the initiation of an adverse action against an employee at the ,department to the final resolution of that action4 7,b7 ,the number of distinct steps and levels of review within the ,department involved in the disciplinary process and the average length of time required to complete these steps4 7,c7 ,the rate of use of alternate disciplinary procedures compared to traditional disciplinary procedures and the frequency with which employees who are subject to alternative disciplinary procedures commit additional offenses4 7,d7 ,the number of appeals from adverse actions filed against employees of the ,department1 the number of appeals upheld1 and the reasons for which the appeals were upheld4 7,e7 ,the use of paid administrative leave during the disciplinary process and the length of such leave4 7b7 ,report 7#a7 ,in general ,not later than ,december #ca1 #bjai1 the ,secretary shall submit to the appropriate committees of ,congress a report on the disciplinary procedures and actions of the ,department4 7#b7 ,contents ,the report submitted under paragraph 7#a7 shall include the following3 7,a7 ,the information collected under subsection 7a74 7,b7 ,the findings of the ,secretary with respect to the measurement and collection carried out under subsection 7a74 7,c7 ,an analysis of the disciplinary procedures and actions of the ,department4 7,d7 ,suggestions for improving the disciplinary procedures and actions of the ,department4 7,e7 ,such other matters as the ,secretary considers appropriate4 7#c7 ,appropriate committees of ,congress ,in this subsection1 the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,appropriations and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 and 7,b7 the ,committee on ,appropriations and the ,committee on ,education and ,labor of the ,house of ,representatives4