,i #aafth ,,congress #ast ,session ,h4 ,r4 #baij ,,in ,,the ,,house ,,of ,,representatives ,april #i1 #bjai,mr4 ,smucker 7for himself and ,mr4 ,rooney of ,florida7 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 improve accountability of senior officials and other supervisory employees of the ,department of ,labor4 #a4 ,short title 7a7 ,short title ,this ,act may be cited as the ,department of ,labor ,accountability ,act of #bjai4 #b4 ,senior executives3 removal1 demotion1 or suspension based on performance or misconduct 7a7 ,authority ,the ,secretary may1 as provided in this section1 reprimand or suspend1 involuntarily reassign1 demote1 or remove a covered employee from a senior executive position at the ,department if the ,secretary determines that the misconduct or performance of the covered employee warrants such action4 ,if the ,secretary so removes such an individual1 the ,secretary may remove the individual from the civil service 7as defined in section #baja of title #e1 ,united ,states ,code74 7b7 ,rights and procedures 7#a7 ,rights ,a covered employee 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 employee's choice2 and 7,c7 grieve the action in accordance with an internal grievance process that the ,secretary1 in consultation with the ,whistleblower ,protection ,ombudsman1 shall establish for purposes of this subsection4 7#b7 ,timing 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 employee 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,d7 ,the ,secretary shall ensure that the grievance process established under paragraph 7#a77;,c7 takes fewer than #ba days4 7#c7 ,finality ,a decision under this subsection 7a7 that is not grieved1 and a grievance decision under paragraph 7#b77;,d71 shall be final and conclusive4 7#d7 ,judicial review ,a covered employee adversely affected by a decision under subsection 7a7 that is not grieved1 or by a grievance decision under paragraph 7#b77;,d71 may obtain judicial review of such decision4 7#e7 ,action of the court ,in any case in which judicial review is sought under paragraph 7#d71 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 #c4 ,employees3 removal1 demotion1 or suspension based on performance or misconduct 7a7 ,authority ,the ,secretary 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 ,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 #baja 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 7a7 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 ,procedures 7#a7 ,in general 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 ,chapter #dc and 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 ,deadline for final decision ,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 ,appeal to ,merit ,systems ,protection ,board 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 #e4 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#c77;,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 ,congress 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 #e4 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 title #e4 7#b7 ,in the case of a covered individual who has made a whistleblower disclosure to the ,whistleblower ,protection ,ombudsman1 the ,secretary may not remove1 demote1 or suspend such covered individual under subsection 7a7 until-- 7,a7 in the case in which the ,assistant ,secretary determines to refer the whistleblower disclosure under subsection 7e7 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 ,assistant ,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 #d4 ,reduction of benefits of employees convicted of certain crimes 7a7 ,reduction of annuity for removed employee 7#a7 ,in general ,the ,secretary shall order that the covered service of an employee of the ,department removed from a position for performance or misconduct under section #b or any other provision of law shall not be taken into account for purposes of calculating an annuity with respect to such individual under chapter #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 ,appeal ,any individual with respect to whom an annuity is reduced under this subsection may appeal the reduction to the ,director of the ,office of ,personnel ,management pursuant to such regulations as the ,director may prescribe for purposes of this subsection4 7b7 ,reduction of annuity for retired employee 7#a7 ,in general ,the ,secretary may order that the covered service of an individual who the ,secretary proposes to remove for performance or misconduct under section #b or any other provision of law but who leaves employment at the ,department prior to the issuance of a final decision with respect to such action shall not be taken into account for purposes of calculating an annuity with respect to such individual under chapter #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 ,appeal ,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 ,final decision ,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 #e4 ,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 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 ,chapter #de or #ec of title #e1 ,united ,states ,code1 shall apply with respect to an award or bonus paid by the ,secretary to any employee of the ,department on or after the date of the enactment of this ,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 #f4 ,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 or 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 ,chapter #de or #ec of title #e1 ,united ,states ,code1 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 #g4 ,major adverse actions involving professional conduct or competence 7a7 ,establishment of ,disciplinary ,appeals ,board 7#a7 ,appointment ,the ,secretary shall appoint #c employees of the ,department who are senior executives or career senior executives to serve on a ,disciplinary ,appeals ,board 7hereafter referred to as the ,board7 which shall have the exclusive authority to review any disciplinary action taken against a covered employee of the ,department which arises out of or includes a question of professional misconduct or competence4 7#b7 ,political makeup of the ,board ,at least one member of the ,board shall be of a different political party than the other two members4 7b7 ,initial ,procedures 7#a7 ,rights of covered employees 7,a7 ,statement of charges and evidence ,in any case in which charges are brought against a covered employee which arises out of1 or includes1 a question of professional conduct or competence which could result in a major adverse action1 the covered employee is entitled1 within the aggregate time period specified in paragraph 7#d71 to the following3 7i7 ,advance written notice from the deciding official specifically stating the basis for each charge1 the adverse actions that could be taken if the charges are sustained1 a statement of any specific law1 regulation1 policy1 procedure1 practice1 or other specific instruction that has been violated with respect to each charge1 and a file containing all the evidence in support of each charge1 except that the requirement for notification in advance may be waived if there is reasonable cause to believe that the employee has committed a crime for which the employee may be imprisoned4 7ii7 ,the opportunity1 within the time period provided for in paragraph 7#d71 to present an answer orally and in writing to the deciding official1 who shall be an official higher in rank than the charging official1 and to submit affidavits and other documentary evidence in support of the answer4 ,the period for the response of a covered employee shall be seven business days4 7,b7 ,right to representation ,in any case described in paragraph 7#a71 the employee is entitled to be represented by an attorney or other representative of the employee's choice at all stages of the case4 7#b7 ,final decision by deciding officer ,after considering the employee's answer1 if any1 and within the time period provided for in paragraph 7#e77;,b71 the deciding official shall render a decision on the charges4 ,the decision shall be in writing and shall include the deciding official provides notice on the charges for purposes of paragraph 7#a77;,a77i74 7#c7 ,appeals to the ,board ,the ,secretary shall require that any appeal to a ,board from a decision to impose a major adverse action shall be received within seven business days after the date of service of the written decision on the covered employee4 7#d7 ,timing ,the aggregate period for the resolution of charges against an employee under this subsection may not exceed #ae business days4 7#e7 ,supercession of any collective bargaining agreement ,the procedures in this subsection shall supersede any collective bargaining agreement to the extent that such agreement is inconsistent with such procedures4 7c7 ,procedures of ,appeals before the ,board 7#a7 ,initial determination ,when the ,board convenes to consider an appeal in a case under this section1 the ,board1 before proceeding to consider the merits of the appeal1 shall determine whether the case is properly before it4 7#b7 ,decisions by the ,board ,upon hearing such an appeal1 the ,board shall1 with respect to each charge appealed to the ,board1 sustain the charge1 dismiss the charge1 or sustain the charge in part and dismiss the charge in part4 ,if the deciding official is sustained 7in whole or in part7 with respect to any such charge1 the ,board shall-- 7,a7 approve the action as imposed2 7,b7 approve the action with modification1 reduction1 or exception2 or 7,c7 reverse the action4 7#c7 ,right to oral hearing ,a ,board shall afford an employee appealing an adverse action under this section an opportunity for an oral hearing4 ,if such a hearing is held1 the ,board shall provide the employee with a transcript of the hearing4 7#d7 ,representation of management ,the ,secretary may designate an employee of the ,department to represent management in any case before a ,board4 7#e7 ,deadline for decision ,the ,board shall render a decision in any case within #de days of completion of the hearing1 if there is a hearing1 and in any event no later than #abj days after the appeal commenced4 7d7 ,actions by the ,secretary 7#a7 ,if the ,secretary agrees with the decision of the ,board ,after resolving any question as to whether a matter involves professional conduct or competence1 the ,secretary shall cause to be executed the decision of the ,board in a timely manner and in any event in not more than #ij days after the decision of the ,board is received by the ,secretary4 ,pursuant to the ,board's decision1 the ,secretary may order reinstatement1 award back pay1 and provide such other remedies as the ,board found appropriate relating directly to the proposed action1 including expungement of records relating to the action4 7#b7 ,if the ,secretary disagrees with a decision by the ,board 7,a7 ,contrary to evidence or unlawful ,if the ,secretary finds a decision of the ,board to be clearly contrary to the evidence or unlawful1 the ,secretary may-- 7i7 reverse the decision of the ,board2 or 7ii7 vacate the decision of the ,board and remand the matter to the ,board for further consideration4 7,b7 ,not justified by the nature of the charges ,if the ,secretary finds the decision of the ,board 7while not clearly contrary to the evidence or unlawful7 to be not justified by the nature of the charges1 the ,secretary may mitigate the adverse action imposed4 7#c7 ,secretary's action final ,the ,secretary's execution of a ,board's decision shall be the final administrative action in the case4 7e7 ,judicial review 7#a7 ,in general ,a covered employee adversely affected by a final order or decision of a ,board 7as reviewed by the ,secretary7 may obtain judicial review of the order or decision4 7#b7 ,actions by the court ,in any case in which judicial review is sought under this subsection1 the court shall review the record and hold unlawful and set aside any agency action1 finding1 or conclusion found to be-- 7,a7 arbitrary1 capricious1 an abuse of discretion1 or otherwise not in accordance with law2 7,b7 obtained without procedures required by law1 rule1 or regulation having been followed2 or 7,c7 unsupported by substantial evidence4 #h4 ,procedures for other adverse actions not relating to misconduct or competence 7a7 ,procedures prescribed by the ,secretary 7#a7 ,authority ,the ,secretary shall prescribe by regulation grievance procedures for the consideration of grievances of a covered employee arising from adverse personnel actions in which each action taken either-- 7,a7 is not a major adverse action2 or 7,b7 does not arise out of a question of professional misconduct or competence4 7#b7 ,requirements ,grievance procedures prescribed under subsection 7a7 shall include the following3 7,a7 ,a right to formal review by an impartial examiner within the ,department1 who1 in the case of an adverse action arising from a question of professional conduct or competence1 shall be selected from the ,disciplinary ,appeals ,board established under section #g4 7,b7 ,a right to a prompt report of the findings and recommendations by the impartial examiner4 7,c7 ,a right to a prompt review of the examiner's findings and recommendations by an official of a higher level than the official who decided upon the action4 ,that official may accept1 modify1 or reject the examiner's recommendations4 7b7 ,option of employee covered by collective bargaining agreement ,in the case of an employee who is a member of a collective bargaining unit under chapter #ga of title #e1 the employee may seek review of an adverse action described in subsection 7a7 either under the grievance procedures provided through regulations prescribed under subsection 7a7 or through grievance procedures determined through collective bargaining1 but not under both4 ,the employee shall elect which grievance procedure to follow4 ,any such election may not be revoked4 7c7 ,rights of employees ,a covered employee filing a grievance under this section shall be entitled to the following3 7#a7 ,in any case in which charges are brought against covered employee which could result in a major adverse action and which do not involve professional conduct or competence1 the employee is entitled to notice and an opportunity to answer with respect to those charges4 7#b7 ,in any other case in which charges are brought against a covered employee the employee is entitled1 within the aggregate time period specified in paragraph 7#c77;,a71 to-- 7,a7 written notice stating the specific reason for the proposed action2 and 7,b7 time to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer4 7#c7 7,a7 ,the aggregate period for the resolution of charges against an employee under paragraph 7#a7 or 7#b7 may not exceed #ae business days4 7,b7 ,the period for the response of an employee under paragraph 7#a7 or 7#b77;,b7 to written notice of charges under paragraph 7#a7 or 7#b77;,a71 as applicable1 shall be seven business days4 7,c7 ,the deciding official shall render a decision on charges under paragraph 7#a7 or 7#b7 not later than #ae business days after notice is provided on the charges for purposes of paragraph 7#a7 or 7#b77;,a71 as applicable4 7d7 ,right to representation ,in any review of an adverse action under the grievance procedures prescribed under subsection 7a71 the employee is entitled to be represented by an attorney or other representative of the employee's choice at all stages of the case4 #i4 ,improvement of training for supervisors ,the ,secretary shall provide to each employee of the ,department who is employed as a supervisor periodic training on the 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 #aj4 ,assessment and report on effect on senior executives at the ,department of ,labor 7a7 ,in general ,not later than two years after the date of the enactment of this ,act1 the ,secretary 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 ,congress 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 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 positions2 and 7,b7 trends in applications to senior executive positions within 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 and components and offices which experience the least relative to the size of the components or offices' total number of senior executive positions2 7,c7 the tenure of individuals in senior executive positions who are the subject of disciplinary action2 7,d7 whether the individuals in senior executive positions 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 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 #aa4 ,measurement of ,department of ,labor disciplinary process outcomes and effectiveness 7a7 ,measuring and collecting 7#a7 ,in general ,the ,secretary shall measure and collect information on the outcomes of disciplinary actions carried out by the ,department during the three-year period ending on the date of the enactment of this ,act and the effectiveness of such 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 #bjbj1 the ,secretary shall submit to ,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 #ab4 ,definitions ,in this ,act the following definitions apply3 7#a7 ,covered employee ,the term covered employee means-- 7,a7 a career appointee 7as that term is defined in section #cacb7;a77#d7 of title #e1 ,united ,states ,code72 7,b7 any individual who occupies an administrative or executive position2 or 7,c7 an individual occupying a senior executive position4 7#b7 ,covered individual ,the term covered individual1 for purposes of section #c1 means an individual occupying a position at the ,department1 but does not include-- 7,a7 an individual occupying a senior executive position2 7,b7 an individual who has not completed a probationary or trial period2 or 7,c7 a political appointee4 7#c7 ,covered service ,the term covered service means1 with respect to an individual subject to a removal for performance or misconduct1 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 action4 7#d7 ,department ,the term ,department means the ,department of ,labor4 7#e7 ,grade ,the term grade has the meaning given such term in section #geaa7;a7 of title #e4 7#f7 ,lump-sum credit ,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 be4 7#g7 ,misconduct ,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 7#h7 ,political appointee ,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 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#aj7 ,senior executive position ,the term senior executive position means-- 7,a7 with respect to a career appointee 7as that term is defined in section #cacb7;a7 of title #e1 ,united ,states ,code71 a ,senior ,executive ,service position 7as such term is defined in such section72 and 7,b7 with respect to a covered employee or covered individual1 has the meaning given such term in section #cacb7;a7 of title #e1 ,united ,states ,code4 7#aa7 ,supervisor ,the term supervisor has the meaning given such term in section #gajc7;a7 of title #e1 ,united ,states ,code4 7#ab7 ,service ,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 7#ac7 ,suspend ,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 days4 7#ad7 ,whistleblower ,the term whistleblower means one who makes a whistleblower disclosure4 7#ae7 ,whistleblower disclosure ,the term whistleblower disclosure means any disclosure of information by an employee of the ,department or individual applying to become an employee of the ,department which the employee or individual reasonably believes evidences-- 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