Sec. 205. Whistleblower protections
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/bill/114/s/2976/is/section-205·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 883 of the Homeland Security Act of 2002 ( 6 U.S.C. 463 ) is amended to read as follows: In this section— the term new employee means an individual— appointed to a position as an employee of the Department on or after the date of enactment of the DHS Accountability Act of 2016 ; and who has not previously served as an employee of the Department; the term prohibited personnel action means taking or failing to take an action in violation of paragraph
(8)or
(9)of section 2302(b) of title 5, Untied States Code, against an employee of the Department; the term supervisor means a supervisor, as defined under section 7103(a) of title 5, United States Code, who is employed by the Department; and the term whistleblower protections means the protections against and remedies for a prohibited personnel practice described in paragraph
(8)or subparagraph (A)(i), (B), (C), or
(D)of paragraph
(9)of section 2302(b) of title 5, United States Code. In accordance with paragraph (2), the Secretary shall propose against a supervisor whom the Secretary, an administrative law 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 personnel action the following adverse actions: With respect to the first prohibited personnel action, an adverse action that is not less than a 12-day suspension. With respect to the second prohibited personnel action, removal. A supervisor against whom an adverse action under paragraph
(1)is proposed is entitled to written notice. A supervisor who is notified under subparagraph
(A)that the supervisor is the subject of a proposed adverse action under paragraph
(1)is entitled to 14 days following such notification to answer and furnish evidence in support of the answer. After the end of the 14-day period described in clause (i), if a supervisor does not furnish evidence as described in clause
(i)or if the Secretary determines that such evidence is not sufficient to reverse the proposed adverse action, the Secretary shall carry out the adverse action. Paragraphs
(1)and
(2)of subsection
(b)and subsection
(c)of section 7513 of title 5, United States Code, and paragraphs
(1)and
(2)of subsection
(b)and subsection
(c)of section 7543 of title 5, United States Code, shall not apply with respect to an adverse action carried out under this subsection. With respect to a prohibited personnel action, if the Secretary carries out an adverse action against a supervisor under another provision of law, the Secretary may carry out an additional adverse action under this subsection based on the same prohibited personnel action. In consultation with the Special Counsel and the Inspector General of the Department, the Secretary shall provide training regarding how to respond to complaints alleging a violation of whistleblower protections available to employees of the Department— to employees appointed to supervisory positions in the Department who have not previously served as a supervisor; and on an annual basis, to all employees of the Department serving in a supervisory position. The Secretary shall be responsible for— the prevention of prohibited personnel practices; the compliance with and enforcement of applicable civil service laws, rules, and regulations and other aspects of personnel management; and ensuring (in consultation with the Special Counsel and the Inspector General of the Department) that employees of the Department are informed of the rights and remedies available to them under chapters 12 and 23 of title 5, United States Code, including— information regarding whistleblower protections available to new employees during the probationary period; the role of the Office of Special Counsel and the Merit Systems Protection Board with regard to whistleblower protections; and how to make a lawful disclosure of information that is specifically required by law or Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs to the Special Counsel, the Inspector General of the Department, Congress, or other Department employee designated to receive such disclosures. The Secretary shall ensure that the information required to be provided under paragraph
(1)is provided to each new employee of the Department not later than 6 months after the date the new employee is appointed. The Secretary shall make available information regarding whistleblower protections applicable to employees of the Department on the public website of the Department, and on any online portal that is made available only to employees of the Department. Any employee to whom the Secretary delegates authority for personnel management, or for any aspect thereof, shall, within the limits of the scope of the delegation, be responsible for the activities described in paragraph (1). Nothing in this section shall be construed to exempt the Department from requirements applicable with respect to executive agencies— to provide equal employment protection for employees of the Department (including pursuant to section 2302(b)(1) of title 5, United States Code, and the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 ( 5 U.S.C. 2301 note)); or to provide whistleblower protections for employees of the Department (including pursuant to paragraphs
(8)and
(9)of section 2302(b) of title 5, United States Code, and the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 ( 5 U.S.C. 2301 note)). . The table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 ; 116 Stat. 2135), as amended by this Act, is amended by striking the item relating to section 883 and inserting the following: Sec. 883. Whistleblower protections. .
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- Pub. L. 107-296
- 116 Stat. 2135
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