; (2) by inserting after subsection (b) the following: (c) Subject to section 12 of the Fair Employment Protection Act of 2017 , an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a retaliatory hostile work environment that constitutes retaliatory discrimination, as described in subsection (a), or the carrying out of any unlawful acts described in subsection (b), if, at the time of the harassment— (1) such individual was authorized by the employer— (A) to undertake or recommend tangible employment actions affecting the employee; or (B) to direct the employee's daily work activities; or (2) the negligence of the employer led to the creation or continuation of that retaliatory hostile work environment. ; and (3) in subsection (d), as redesignated by paragraph (1), by striking subsections (a) and (b) and inserting subsections (a), (b), and (c) . 6. Amendment to the Rehabilitation Act of 1973 (a) Standard for employer liability for hostile work environment and Retaliatory Hostile Work Environment Section 501 of the Rehabilitation Act of 1973 ( 29 U.S.C. 791 ) is amended by adding at the end the following: (h) Subject to section 12 of the Fair Employment Protection Act of 2017 , each department, agency, and instrumentality in the executive branch of Government and the Smithsonian Institution shall be liable for the acts of any individual within such department, agency, instrumentality, or the Smithsonian Institution whose harassment of an individual with a disability has created or continued a hostile work environment, or a retaliatory hostile work environment, that constitutes nonaffirmative action employment discrimination under this section if, at the time of the harassment— (1) such individual was authorized by that department, agency, instrumentality, or the Smithsonian Institution— (A) to undertake or recommend tangible employment actions affecting the individual with a disability