69–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 115–79 

FEDERAL EMPLOYEE ANTIDISCRIMINATION ACT OF 2017 

APRIL 4, 2017.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. CHAFFETZ, from the Committee on Oversight and Government 

Reform, submitted the following 

R E P O R T 

[To accompany H.R. 702] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Oversight and Government Reform, to whom 

was referred the bill (H.R. 702) to amend the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 to 

strengthen Federal antidiscrimination laws enforced by the Equal 

Employment Opportunity Commission and expand accountability 

within the Federal Government, and for other purposes, having 

considered the same, report favorably thereon without amendment 

and recommend that the bill do pass. 

CONTENTS 

Page 

Committee Statement and Views ........................................................................... 2 

Purpose and Summary ............................................................................................ 2 

Background and Need for Legislation .................................................................... 2 

Section-by-Section .................................................................................................... 3 

Explanation of Amendments ................................................................................... 5 

Committee Consideration ........................................................................................ 5 

Roll Call Votes ......................................................................................................... 5 

Application of Law to the Legislative Branch ....................................................... 5 

Statement of Oversight Findings and Recommendations of the Committee ...... 6 

Statement of General Performance Goals and Objectives .................................... 6 

Duplication of Federal Programs ............................................................................ 6 

Disclosure of Directed Rule Makings ..................................................................... 6 

Federal Advisory Committee Act ............................................................................ 6 

Unfunded Mandate Statement ............................................................................... 6 

Earmark Identification ............................................................................................ 6 

Committee Estimate ................................................................................................ 7 

Budget Authority and Congressional Budget Office Cost Estimate .................... 7 

Changes in Existing Law Made by the Bill as Reported ...................................... 8 


lotter on DSK5VPTVN1PROD with REPORTS
2 

1 H.R. Rep. No. 107–101 pt. 1, at 9 (2001). 

2General Accounting Office, GGD–99–75, Equal Employment Opportunity: Data Shortcomings 

Hinder Assessment of Conflicts in the Federal Workplace (1999). 3 U.S. Equal Employment Opportunity Comm’n, Program Evaluation Report: Social Security 

Administration (May 14, 2014). 

COMMITTEE STATEMENT AND VIEWS

PURPOSE AND SUMMARY

H.R. 702, the Federal Employee Antidiscrimination Act of 2017, 

amends the Notification and Federal Employee Antidiscrimination 

and Retaliation Act of 2002 to strengthen Equal Employment Opportunity protections for federal employees. 

BACKGROUND AND NEED FOR LEGISLATION

The Notification and Federal Employee Antidiscrimination and 

Retaliation Act of 2002 (No FEAR Act) was enacted to address the 

‘‘need for accountability, reporting, and notification in regard to 

discrimination and retaliation against [f]ederal employees.’’ 1 The 

No FEAR Act sought to ensure federal employees and applicants 

were aware of their rights and appropriately able to seek adjudication of claims of discrimination. The No FEAR Act was prompted 

in part by House Committee on Science investigations and reporting by the U.S. General Accounting Office.2

The No FEAR Act was successful in improving employee and applicant awareness of Equal Employment Opportunity (EEO) protections and avenues for adjudication of complaints. However, challenges remain in preventing discrimination in the federal workplace and ensuring that claims of discrimination are adjudicated in 

a fair and timely manner. In 2014, for example, the EEO Commission released a Program Evaluation Report on the Social Security 

Administration (SSA), which concluded that SSA had failed to 

maintain the standards of a model EEO program. The Report made 

12 findings and more than 60 recommendations to reform SSA’s 

EEO program.3

H.R. 702 amends the No FEAR Act to ensure that appropriate 

entities investigate and report on allegations of discrimination in 

a timely manner. H.R. 702 accomplishes this objective by increasing the transparency surrounding EEO processes and outcomes. 

H.R. 702 adds a new title to the No FEAR Act to improve agency 

EEO programs across the federal government by ensuring that 

they function independent of agency human resource and general 

counsel offices. H.R. 702 also requires that the heads of agency 

EEO programs report directly to agency heads to prevent potential 

conflicts of interest within an agency. 

The legislation also requires that an agency post on its website 

a notation regarding any finding of discrimination or retaliation 

that includes the date of the finding, when the act or acts occurred, 

and what law(s) were violated. Such notices must be posted within 

30 days of final agency action or the issuance by the EEO Commission of an appellate decision involving a finding of discrimination 

or retaliation and must remain on an agency’s website for at least 

one year. Additionally, H.R. 702 requires agencies to disclose to the 

EEO Commission whether disciplinary action was initiated against 

an employee who was found to have discriminated or retaliated 

against another employee or an applicant for employment. The bill 


lotter on DSK5VPTVN1PROD with REPORTS
3 

4 U.S. Office of Personnel Mgmt., 2016 Government-wide Management Report (2016). 

further requires agencies and the EEO Commission to release data 

regarding class action complaints alleging discrimination or retaliation against a federal agency. 

To improve EEO complaint accountability, federal agencies are 

required within one year of enactment to establish a system to 

track discrimination complaints through the EEO process from inception to resolution, including whether a decision has been made 

regarding possible disciplinary action based on a finding of discrimination. The legislation also requires federal agencies to make 

a notation in the personnel record of any employee who was subject 

to an adverse action as a result of a finding of discrimination or 

retaliation that includes the reason for the adverse action. 

According to the 2016 Federal Employee Viewpoint Survey, only 

62 percent of respondents agreed with the statement that they 

could ‘‘disclose a suspected violation of any law, rule, or regulation 

without fear of reprisal.’’ 4 To help address the concerns raised in 

that survey, H.R. 702 bars the implementation or enforcement of 

non-disclosure agreements that would prohibit federal employees 

from disclosing waste, fraud, violations of laws or rules, or other 

forms of mismanagement or abuse to Congress, the Office of Special Counsel, or an Office of Inspector General. 

LEGISLATIVE HISTORY

On January 27, 2017, Ranking Member Elijah Cummings (D– 

MD) introduced H.R. 702, the Federal Employee Antidiscrimination 

Act of 2017, with Chairman Jason Chaffetz (R–UT), Representatives Sheila Jackson Lee (D–TX), James Sensenbrenner, Jr. (R– 

WI), and Delegate Eleanor Holmes Norton (D–DC) as original cosponsors. H.R. 702 was referred to the Committee on Oversight 

and Government Reform. The Committee considered H.R. 702 at a 

business meeting on February 2, 2017 and ordered the bill favorably reported, without amendment, by voice vote. 

In the 114th Congress, Representative Cummings introduced a 

bill similar to H.R. 702, H.R. 1557, the Federal Employee Antidiscrimination Act of 2015. On March 25, 2015, the House Committee on Oversight and Government Reform ordered H.R. 1557 favorably reported. On July 21, 2015, the House of Representatives 

passed H.R. 1557 under suspension of the rules by a recorded vote 

of 403–0. The bill was referred to the Senate Committee on Homeland Security and Governmental Affairs, which ordered the bill favorably reported, as amended, on December 9, 2015. No further action was taken in the Senate. 

SECTION-BY-SECTION

Section 1. Short title 

This section identifies the bill as the ‘‘Federal Employee Antidiscrimination Act of 2017.’’ 

Section 2. Sense of Congress 

This section modifies the existing sense of Congress in the Notification and Federal Employee Antidiscrimination and Retaliation 

Act of 2002 (NO FEAR) Act, (5 U.S.C. § 2301 note) to affirm that 


lotter on DSK5VPTVN1PROD with REPORTS
4 

accountability in the enforcement of federal employee rights is 

furthered when federal agencies take appropriate disciplinary action against federal employees who have acted in a discriminatory 

or retaliatory manner, while preserving all of their due process 

rights. 

Section 3. Notification of violation 

This section amends Section 202 of the No FEAR Act to require 

that notification be posted for at least one year on an agency’s internal website when an agency or the Equal Employment Opportunity Commission (EEOC) finds that a discriminatory or retaliatory act has occurred. 

Section 4. Reporting requirements 

This section amends Section 203 of the NO FEAR Act to require 

that annual reports mandated by the NO FEAR Act be submitted 

in electronic format. 

This section also requires a federal agency to submit a report to 

the EEOC within 60 days of a finding that a discriminatory or retaliatory act has occurred stating whether disciplinary action has 

been initiated against a federal employee as a result of the improper act. 

Section 5. Data to be posted by employing federal agencies 

This section amends Section 301 of the NO FEAR Act to expand 

the information federal agencies are required to post on their 

websites regarding each finding of discrimination or retaliation to 

include the date of the finding, the date of the violation, the affected agency, the law violated, and whether a decision has been 

made regarding necessary disciplinary action as a result of the violation. This section also requires that agencies provide specific data 

on each class action complaint filed against the agency alleging discrimination or retaliation. 

Section 6. Data to be posted by the Equal Employment Opportunity 

Commission 

This section amends Section 302 of the NO FEAR Act to apply 

to the EEOC new requirements applied to federal agencies under 

Section 5 of the bill. 

Section 7. Notification and Federal Employee Antidiscrimination 

and Retaliation Act amendments 

This section amends the NO FEAR Act to add a new section requiring federal agencies to establish a system to track from inception to resolution each complaint alleging that a discriminatory act 

has been committed. The system must also track whether a decision has been made regarding disciplinary action pursuant to a 

finding that a discriminatory act occurred. 

The section amends the NO FEAR Act to add a new section requiring that if an agency takes adverse action against an employee 

for an act of discrimination or retaliation, the agency shall make 

a notation of the adverse action in the personnel record of the individual against whom the action was taken after all appeals arising 

from the adverse action have been exhausted. 


lotter on DSK5VPTVN1PROD with REPORTS
5 

This section further amends the NO FEAR Act to add a new title 

(‘‘Title IV, Processing and Referral’’). This title requires each federal agency to implement a model Equal Employment Opportunity 

Program that is not under the control of the agency’s Human Capital or General Counsel office, is devoid of internal conflicts of interest, and ensures efficient and fair resolution of complaints alleging discrimination or retaliation. This section provides that nothing 

in the title prevents an agency’s Human Capital or General Counsel office from providing advice or counsel to agency personnel on 

the processing or resolution of an EEO complaint. 

Title IV requires the head of each Equal Employment Opportunity Program in a federal agency to report directly to the head 

of the agency. 

Title IV also requires the EEOC to make a referral to the Office 

of Special Counsel (OSC) whenever the EEOC issues a finding that 

a discriminatory or retaliatory act has occurred. This Title requires 

the OSC to accept and review referrals from the EEOC and to notify the EEOC whenever it initiates disciplinary action in response 

to a referral. Title IV requires an agency to comply with section 

1214(f) of title 5, United States Code, before initiating disciplinary 

action against a federal employee for an alleged act of discrimination or retaliation referred to the OSC by the EEOC. 

Section 8. Nondisclosure agreement limitation 

This section amends section 2302(b) of title 5, United States 

Code, to prohibit the implementation or enforcement of nondisclosure policies, forms, or agreements that prohibit or restrict an employee from disclosing to Congress, the OSC, or an Office of the Inspector General any information that relates to any violation of any 

law, rule, or regulation; instance of mismanagement, gross waste 

of funds, abuse of authority, or a substantial and specific danger 

to public health and safety; or any other whistleblower protection. 

EXPLANATION OF AMENDMENTS

No amendments to H.R. 702 were offered or adopted during 

Committee consideration of the bill. 

COMMITTEE CONSIDERATION

On February 2, 2017, the Committee met in open session and ordered reported favorably the bill, H.R. 702, by voice vote, a quorum 

being present. 

ROLL CALL VOTES

No roll call votes were requested or conducted during Committee 

consideration of H.R. 702. 

APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of 

the application of this bill to the legislative branch where the bill 

relates to the terms and conditions of employment or access to public services and accommodations. This bill amends the Notification 

and Federal Employee Antidiscrimination and Retaliation Act of 

2002 to strengthen Equal Employment Opportunity protections for 


lotter on DSK5VPTVN1PROD with REPORTS
6 

federal employees. As such, this bill does not relate to employment 

or access to public services and accommodations. 

STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF

THE COMMITTEE

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goal or objective of this bill is to amend the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 to strengthen Federal antidiscrimination laws enforced by the Equal Employment Opportunity Commission and expand accountability within 

the Federal government, and for other purposes. 

DUPLICATION OF FEDERAL PROGRAMS

In accordance with clause 2(c)(5) of rule XIII, no provision of this 

bill establishes or reauthorizes a program of the federal government known to be duplicative of another federal program, a program that was included in any report from the Government Accountability Office to Congress pursuant to section 21 of Public 

Law 111–139, or a program related to a program identified in the 

most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that enacting this bill does not direct 

the completion of any specific rule makings within the meaning of 

section 551 or title 5, United States Code. 

FEDERAL ADVISORY COMMITTEE ACT

The Committee finds that the legislation does not establish or 

authorize the establishment of an advisory committee within the 

definition of Section 5(b) of the appendix to title 5, United States 

Code. 

UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandates Reform Act, P.L. 104–4) requires a statement as to whether 

the provisions of the reported bill include unfunded mandates. In 

compliance with this requirement, the Committee has included 

below a letter received from the Congressional Budget Office. 

EARMARK IDENTIFICATION

This bill does not include any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of rule 

XXI. 


lotter on DSK5VPTVN1PROD with REPORTS
7 

COMMITTEE ESTIMATE

Clause 3(d)(1) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs that would be incurred in carrying out this bill. 

However, clause 3(d)(2)(B) of that Rule provides that this requirement does not apply when the Committee has included in its report 

a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the 

Congressional Budget Act of 1974, which the Committee has included below. 

BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST

ESTIMATE

With respect to the requirements of clause 3(c)(2) of rule XIII of 

the Rules of the House of Representatives and section 308(a) of the 

Congressional Budget Act of 1974 and with respect to requirements 

of clause (3)(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 

1974, the Committee has received the following cost estimate for 

this bill from the Director of Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, February 10, 2017. 

Hon. JASON CHAFFETZ, 

Chairman, Committee on Oversight and Government Reform, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 702, the Federal Employee Antidiscrimination Act of 2017. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Matthew Pickford. 

Sincerely, 

KEITH HALL. 

Enclosure. 

H.R. 702—Federal Employee Antidiscrimination Act of 2017 

H.R. 702 would amend the Notification and Federal Employee 

Antidiscrimination and Retaliation Act to expand the current process used to investigate and resolve federal employees’ claims of discrimination by other federal employees. The bill also would expand 

the amount of information that must be reported and made available concerning such discrimination cases. 

Based on information from the Office of Personnel Management 

and the U.S. Equal Employment Opportunity Commission, CBO 

expects that most of the provisions in the bill would build on the 

current policies and practices of the federal government. Currently, 

the federal government, through laws, regulations, and agency policies, prohibits discrimination in all phases of employment. CBO expects that under the bill there would be some minor additional 

costs for agencies to track and report discriminatory acts and to notify the public of violations of antidiscrimination laws. Based on the 

costs of similar activities, CBO estimates that implementing H.R. 

702 would increase federal administrative costs by less than 


lotter on DSK5VPTVN1PROD with REPORTS
8 

$500,000 annually; such spending would be subject to the availability of appropriated funds. 

Enacting H.R. 702 could affect direct spending by some agencies 

(such as the Tennessee Valley Authority) because they are authorized to use receipts from the sale of goods, fees, and other collections to cover their operating costs. Therefore, pay-as-you-go procedures apply. Because most of those agencies can make adjustments 

to the amounts collected, CBO estimates that any net changes in 

direct spending by those agencies would be negligible. Enacting the 

legislation would not affect revenues. 

CBO estimates that enacting H.R. 702 would not increase net direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2028. 

H.R. 702 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Matthew Pickford. 

This estimate was approved by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

NOTIFICATION AND FEDERAL EMPLOYEE 

ANTIDISCRIMINATION AND RETALIATION ACT OF 2002 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Notification and 

Federal Employee Antidiscrimination and Retaliation Act of 2002’’. 

(b) TABLE OF CONTENTS.—The table of contents of this Act is as 

follows: 

* * * * * * * 

TITLE II—FEDERAL EMPLOYEE DISCRIMINATION AND RETALIATION 

* * * * * * * 

Sec. 207. Complaint tracking. 

Sec. 208. Notation in personnel record. 

* * * * * * * 

TITLE IV—PROCESSING AND REFERRAL 

Sec. 401. Processing and resolution of complaints. 

Sec. 402. No limitation on Human Capital or General Counsel advice. 

Sec. 403. Head of Program reports to head of agency. 

Sec. 404. Referrals of findings of discrimination. 

TITLE I—GENERAL PROVISIONS 

* * * * * * * 

SEC. 102. SENSE OF CONGRESS. 

It is the sense of Congress that— 


lotter on DSK5VPTVN1PROD with REPORTS
9 

(1) Federal agencies should not retaliate for court judgments 

or settlements relating to discrimination and whistleblower 

laws by targeting the claimant or other employees with reductions in compensation, benefits, or workforce to pay for such 

judgments or settlements; 

(2) the mission of the Federal agency and the employment 

security of employees who are blameless in a whistleblower incident should not be compromised; 

(3) Federal agencies should not use a reduction in force or 

furloughs as means of funding a reimbursement under this 

Act; 

ø(4)(A) accountability in the enforcement of employee rights 

is not furthered by terminating— 

ø(i) the employment of other employees; or 

ø(ii) the benefits to which those employees are entitled 

through statute or contract; and 

ø(B) this Act is not intended to authorize those actions;¿ 

(4) accountability in the enforcement of Federal employee 

rights is furthered when Federal agencies take appropriate disciplinary action against Federal employees who have been 

found to have committed discriminatory or retaliatory acts; 

(5)(A) ønor is accountability¿ but accountability is not 

furthered if Federal agencies react to the increased accountability under this Act for what by law the agency is responsible 

by taking unfounded disciplinary actions against managers or 

by violating the procedural rights of managers who have been 

accused of discrimination; and 

(B) Federal agencies should ensure that managers have adequate training in the management of a diverse workforce and 

in dispute resolution and other essential communication skills; 

and 

(6)(A) Federal agencies are expected to reimburse the General Fund of the Treasury within a reasonable time under this 

Act; and 

(B) a Federal agency, particularly if the amount of reimbursement under this Act is large relative to annual appropriations for that agency, may need to extend reimbursement over 

several years in order to avoid— 

(i) reductions in force; 

(ii) furloughs; 

(iii) other reductions in compensation or benefits for the 

workforce of the agency; or 

(iv) an adverse effect on the mission of the agency. 

* * * * * * * 

TITLE II—FEDERAL EMPLOYEE 

DISCRIMINATION AND RETALIATION 

* * * * * * * 

SEC. 202. NOTIFICATION REQUIREMENT. 

(a) IN GENERAL.—Written notification of the rights and protections available to Federal employees, former Federal employees, 

and applicants for Federal employment (as the case may be) in conVerDate Sep 11 2014 03:41 Apr 05, 2017 Jkt 069006 PO 00000 Frm 00009 Fmt 6659 Sfmt 6601 E:\HR\OC\HR079.XXX HR079

lotter on DSK5VPTVN1PROD with REPORTS
10 

nection with the respective provisions of law covered by paragraphs 

(1) and (2) of section 201(a) shall be provided to such employees, 

former employees, and applicants— 

(1) in accordance with otherwise applicable provisions of law; 

or 

(2) if, or to the extent that, no such notification would otherwise be required, in such time, form, and manner as shall 

under section 204 be required in order to carry out the requirements of this section. 

(b) POSTING ON THE INTERNET.—Any written notification under 

this section shall include, but not be limited to, the posting of the 

information required under paragraph (1) or (2) (as applicable) of 

subsection (a) on the Internet site of the Federal agency involved. 

(c) EMPLOYEE TRAINING.—Each Federal agency shall provide to 

the employees of such agency training regarding the rights and 

remedies applicable to such employees under the laws cited in section 201(c). 

(d) NOTIFICATION OF FINAL AGENCY ACTION.— (1) Not later than 30 days after a Federal agency takes final 

action or the Equal Employment Opportunity Commission 

issues an appellate decision involving a finding of discrimination or retaliation prohibited by a provision of law covered by 

paragraph (1) or (2) of section 201(a), as applicable, the head 

of the agency subject to the finding shall provide notice for at 

least 1 year on the agency’s Internet Web site in a clear and 

prominent location linked directly from the agency’s Internet 

home page stating that a finding of discrimination or retaliation has been made. 

(2) The notification shall identify the date the finding was 

made, the date or dates on which the discriminatory or retaliatory act or acts occurred, and the law or laws violated by the 

discriminatory or retaliatory act or acts. The notification shall 

also advise Federal employees of the rights and protections 

available under the respective provisions of law covered by 

paragraph (1) or (2) of section 201(a). 

SEC. 203. REPORTING REQUIREMENT. 

(a) ANNUAL REPORT.—Subject to subsection (b), not later than 

180 days after the end of each fiscal year, each Federal agency 

shall submit to the Speaker of the House of Representatives, the 

President pro tempore of the Senate, the Committee on Homeland 

Security and Governmental Affairs of the Senate, the Committee 

on Oversight and Government Reform of the House of Representatives, each committee of Congress with jurisdiction relating to the 

agency, the Equal Employment Opportunity Commission, and the 

Attorney General an annual report (in an electronic format prescribed by the Office of Personnel Management) which shall include, 

with respect to the fiscal year— 

(1) the number of cases arising under each of the respective 

provisions of law covered by paragraphs (1) and (2) of section 

201(a) in which discrimination on the part of such agency was 

alleged; 

(2) the status or disposition of cases described in paragraph 

(1); 

(3) the amount of money required to be reimbursed by such 

agency under section 201 in connection with each of such 


lotter on DSK5VPTVN1PROD with REPORTS
11 

cases, separately identifying the aggregate amount of such reimbursements attributable to the payment of attorneys’ fees, if 

any; 

(4) the number of employees disciplined for discrimination, 

retaliation, harassment, or any other infraction of any provision of law referred to in paragraph (1); 

(5) the final year-end data posted under section 301(c)(1)(B) 

for such fiscal year (without regard to section 301(c)(2)); 

(6) a detailed description of— 

(A) the policy implemented by that agency relating to 

appropriate disciplinary actions against a Federal employee who— 

(i) discriminated against any individual in violation 

of any of the laws cited under section 201(a) (1) or (2); 

or 

(ii) committed another prohibited personnel practice 

that was revealed in the investigation of a complaint 

alleging a violation of any of the laws cited under section 201(a) (1) or (2); and 

(B) with respect to each of such laws, the number of employees who are disciplined in accordance with such policy 

and the specific nature of the disciplinary action taken; 

(7) an analysis of the information described under paragraphs (1) through (6) (in conjunction with data provided to the 

Equal Employment Opportunity Commission in compliance 

with part 1614 of title 29 of the Code of Federal Regulations) 

including— 

(A) an examination of trends; 

(B) causal analysis; 

(C) practical knowledge gained through experience; and 

(D) any actions planned or taken to improve complaint 

or civil rights programs of the agency; and 

(8) any adjustment (to the extent the adjustment can be 

ascertained in the budget of the agency) to comply with the requirements under section 201. 

(b) FIRST REPORT.—The 1st report submitted under subsection 

(a) shall include for each item under subsection (a) data for each 

of the 5 immediately preceding fiscal years (or, if data are not 

available for all 5 fiscal years, for each of those 5 fiscal years for 

which data are available). 

(c) DISCIPLINARY ACTION REPORT.—Not later than 60 days after 

the date on which a Federal agency takes final action or a Federal 

agency receives an appellate decision issued by the Equal Employment Opportunity Commission involving a finding of discrimination 

or retaliation in violation of a provision of law covered by paragraph (1) or (2) of section 201(a), as applicable, the employing Federal agency shall submit to the Commission a report stating whether disciplinary action has been initiated against a Federal employee 

as a result of the violation. 

* * * * * * * 

SEC. 207. COMPLAINT TRACKING. 

Not later than 1 year after the date of enactment of the Federal 

Employee Antidiscrimination Act of 2017, each Federal agency shall 

establish a system to track each complaint of discrimination arising 


lotter on DSK5VPTVN1PROD with REPORTS
12 

under section 2302(b)(1) of title 5, United States Code, and adjudicated through the Equal Employment Opportunity process from 

inception to resolution of the complaint, including whether a decision has been made regarding necessary disciplinary action as the 

result of a finding of discrimination. 

SEC. 208. NOTATION IN PERSONNEL RECORD. 

If a Federal agency takes an adverse action covered under section 

7512 of title 5, United States Code, against a Federal employee for 

an act of discrimination or retaliation prohibited by a provision of 

law covered by paragraph (1) or (2) of section 201(a), the agency 

shall, after all appeals relating to such action have been exhausted, 

include a notation of the adverse action and the reason for the action in the employee’s personnel record. 

TITLE III—EQUAL EMPLOYMENT OPPORTUNITY COMPLAINT DATA DISCLOSURE 

SEC. 301. DATA TO BE POSTED BY EMPLOYING FEDERAL AGENCIES. 

(a) IN GENERAL.—Each Federal agency shall post on its public 

Web site, in the time, form, and manner prescribed under section 

303 (in conformance with the requirements of this section), summary statistical data relating to equal employment opportunity 

complaints filed with such agency by employees or former employees of, or applicants for employment with, such agency. 

(b) CONTENT REQUIREMENTS.—The data posted by a Federal 

agency under this section shall include, for the then current fiscal 

year, the following: 

(1) The number of complaints filed with such agency in such 

fiscal year. 

(2) The number of individuals filing those complaints (including as the agent of a class). 

(3) The number of individuals who filed 2 or more of those 

complaints. 

(4) The number of complaints (described in paragraph (1)) in 

which each of the various bases of alleged discrimination is alleged. 

(5) The number of complaints (described in paragraph (1)) in 

which each of the various issues of alleged discrimination is alleged. 

(6) The average length of time, for each step of the process, 

it is taking such agency to process complaints (taking into account all complaints pending for any length of time in such fiscal year, whether first filed in such fiscal year or earlier). Average times under this paragraph shall be posted— 

(A) for all such complaints, 

(B) for all such complaints in which a hearing before an 

administrative judge of the Equal Employment Opportunity Commission is not requested, and 

(C) for all such complaints in which a hearing before an 

administrative judge of the Equal Employment Opportunity Commission is requested. 


lotter on DSK5VPTVN1PROD with REPORTS
13 

(7) The total number of final agency actions rendered in such 

fiscal year involving a finding of discrimination and, of that 

number— 

(A) the number and percentage that were rendered without a hearing before an administrative judge of the Equal 

Employment Opportunity Commission, and 

(B) the number and percentage that were rendered after 

a hearing before an administrative judge of the Equal Employment Opportunity Commission. 

(8) Of the total number of final agency actions rendered in 

such fiscal year involving a finding of discrimination— 

(A) the number and percentage involving a finding of 

discrimination based on each of the respective bases of alleged discrimination, and 

(B) of the number specified under subparagraph (A) for 

each of the respective bases of alleged discrimination— 

(i) the number and percentage that were rendered 

without a hearing before an administrative judge of 

the Equal Employment Opportunity Commission, and 

(ii) the number and percentage that were rendered 

after a hearing before an administrative judge of the 

Equal Employment Opportunity Commission. 

(9) Of the total number of final agency actions rendered in 

such fiscal year involving a finding of discrimination— 

(A) the number and percentage involving a finding of 

discrimination in connection with each of the respective 

issues of alleged discrimination, øand¿ 

(B) of the number specified under subparagraph (A) for 

each of the respective issues of alleged discrimination— 

(i) the number and percentage that were rendered 

without a hearing before an administrative judge of 

the Equal Employment Opportunity Commission, and 

(ii) the number and percentage that were rendered 

after a hearing before an administrative judge of the 

Equal Employment Opportunity Commissionø.¿, and 

(C) for each such finding counted under subparagraph 

(A), the agency shall specify— 

(i) the date of the finding; 

(ii) the affected agency; 

(iii) the law violated; and 

(iv) whether a decision has been made regarding necessary disciplinary action as a result of the finding. 

(10)(A) Of the total number of complaints pending in such 

fiscal year (as described in the parenthetical matter in paragraph (6)), the number that were first filed before the start of 

the then current fiscal year. 

(B) With respect to those pending complaints that were first 

filed before the start of the then current fiscal year— 

(i) the number of individuals who filed those complaints, 

and 

(ii) the number of those complaints which are at the various steps of the complaint process. 

(C) Of the total number of complaints pending in such fiscal 

year (as described in the parenthetical matter in paragraph 

(6)), the total number of complaints with respect to which the 


lotter on DSK5VPTVN1PROD with REPORTS
14 

agency violated the requirements of section 1614.106(e)(2) of 

title 29 of the Code of Federal Regulations (as in effect on July 

1, 2000, and amended from time to time) by failing to conduct 

within 180 days of the filing of such complaints an impartial 

and appropriate investigation of such complaints. 

(11) Data regarding each class action complaint filed against 

the agency alleging discrimination or retaliation, including— 

(A) information regarding the date on which each complaint was filed; 

(B) a general summary of the allegations alleged in the 

complaint; 

(C) an estimate of the total number of plaintiffs joined in 

the complaint if known; 

(D) the current status of the complaint, including whether the class has been certified; and 

(E) the case numbers for the civil actions in which discrimination or retaliation has been found. 

(c) TIMING AND OTHER REQUIREMENTS.— 

(1) CURRENT YEAR DATA.—Data posted under this section for 

the then current fiscal year shall include both— 

(A) interim year-to-date data, updated quarterly, and 

(B) final year-end data. 

(2) DATA FOR PRIOR YEARS.—The data posted by a Federal 

agency under this section for a fiscal year (both interim and 

final) shall include, for each item under subsection (b), such 

agency’s corresponding year-end data for each of the 5 immediately preceding fiscal years (or, if not available for all 5 fiscal 

years, for however many of those 5 fiscal years for which data 

are available). 

SEC. 302. DATA TO BE POSTED BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. 

(a) IN GENERAL.—The Equal Employment Opportunity Commission shall post on its public Web site, in the time, form, and manner prescribed under section 303 for purposes of this section, summary statistical data relating to— 

(1) hearings requested before an administrative judge of the 

Commission on complaints described in section 301, and 

(2) appeals filed with the Commission from final agency actions on complaints described in section 301. 

(b) SPECIFIC REQUIREMENTS.—The data posted under this section 

shall, with respect to the hearings and appeals described in subsection (a), include summary statistical data corresponding to that 

described in paragraphs (1) through ø(10)¿ (11) of section 301(b), 

and shall be subject to the same timing and other requirements as 

set forth in section 301(c). 

(c) COORDINATION.—The data required under this section shall be 

in addition to the data the Commission is required to post under 

section 301 as an employing Federal agency. 

* * * * * * * 


lotter on DSK5VPTVN1PROD with REPORTS
15 

TITLE IV—PROCESSING AND REFERRAL 

SEC. 401. PROCESSING AND RESOLUTION OF COMPLAINTS. 

Each Federal agency is responsible for the fair, impartial processing and resolution of complaints of employment discrimination 

and retaliation arising in the Federal administrative process and 

shall establish a model Equal Employment Opportunity Program 

that— 

(1) is not under the control, either structurally or practically, 

of a Human Capital or General Counsel office; 

(2) is devoid of internal conflicts of interest and ensures fairness and inclusiveness within the organization; and 

(3) ensures the efficient and fair resolution of complaints alleging discrimination or retaliation. 

SEC. 402. NO LIMITATION ON HUMAN CAPITAL OR GENERAL COUNSEL 

ADVICE. 

Nothing in this title shall prevent a Federal agency’s Human 

Capital or General Counsel office from providing advice or counsel 

to Federal agency personnel on the processing and resolution of a 

complaint, including providing legal representation to a Federal 

agency in any proceeding. 

SEC. 403. HEAD OF PROGRAM REPORTS TO HEAD OF AGENCY. 

The head of each Federal agency’s Equal Employment Opportunity Program shall report directly to the head of the agency. 

SEC. 404. REFERRALS OF FINDINGS OF DISCRIMINATION. 

(a) EEOC FINDINGS OF DISCRIMINATION.—Not later than 30 days 

after the Equal Employment Opportunity Commission issues an appellate decision involving a finding of discrimination or retaliation 

within a Federal agency, the Commission shall refer the matter to 

the Office of Special Counsel. 

(b) REFERRALS TO SPECIAL COUNSEL.—The Office of Special 

Counsel shall accept and review a referral from the Commission 

under subsection (a) for purposes of seeking disciplinary action 

under its authority against a Federal employee who commits an act 

of discrimination or retaliation. 

(c) NOTIFICATION.—The Office of Special Counsel shall notify the 

Commission in a case in which the Office of Special Counsel initiates disciplinary action. 

(d) SPECIAL COUNSEL APPROVAL.—A Federal agency may not take 

disciplinary action against a Federal employee for an alleged act of 

discrimination or retaliation referred by the Commission under this 

section except in accordance with the requirements of section 1214(f) 

of title 5, United States Code. 

TITLE 5, UNITED STATES CODE 

* * * * * * * 

PART III—EMPLOYEES 

* * * * * * * 


lotter on DSK5VPTVN1PROD with REPORTS
16 

SUBPART A—GENERAL PROVISIONS 

* * * * * * * 

CHAPTER 23—MERIT SYSTEM PRINCIPLES 

* * * * * * * 

§ 2302. Prohibited personnel practices 

(a)(1) For the purpose of this title, ‘‘prohibited personnel practice’’ 

means any action described in subsection (b). 

(2) For the purpose of this section— 

(A) ‘‘personnel action’’ means— 

(i) an appointment; 

(ii) a promotion; 

(iii) an action under chapter 75 of this title or other disciplinary or corrective action; 

(iv) a detail, transfer, or reassignment; 

(v) a reinstatement; 

(vi) a restoration; 

(vii) a reemployment; 

(viii) a performance evaluation under chapter 43 of this 

title or under title 38; 

(ix) a decision concerning pay, benefits, or awards, or 

concerning education or training if the education or training may reasonably be expected to lead to an appointment, 

promotion, performance evaluation, or other action described in this subparagraph; 

(x) a decision to order psychiatric testing or examination; 

(xi) the implementation or enforcement of any nondisclosure policy, form, or agreement; and 

(xii) any other significant change in duties, responsibilities, or working conditions; 

with respect to an employee in, or applicant for, a covered position in an agency, and in the case of an alleged prohibited personnel practice described in subsection (b)(8), an employee or 

applicant for employment in a Government corporation as defined in section 9101 of title 31; 

(B) ‘‘covered position’’ means, with respect to any personnel 

action, any position in the competitive service, a career appointee position in the Senior Executive Service, or a position 

in the excepted service, but does not include any position 

which is, prior to the personnel action— 

(i) excepted from the competitive service because of its 

confidential, policy-determining, policy-making, or policyadvocating character; or 

(ii) excluded from the coverage of this section by the 

President based on a determination by the President that 

it is necessary and warranted by conditions of good administration; 

(C) ‘‘agency’’ means an Executive agency and the Government Publishing Office, but does not include— 

(i) a Government corporation, except in the case of an alleged prohibited personnel practice described under subsection (b)(8) or section 2302(b)(9) (A)(i), (B), (C), or (D); 


lotter on DSK5VPTVN1PROD with REPORTS
17 

(ii)(I) the Federal Bureau of Investigation, the Central 

Intelligence Agency, the Defense Intelligence Agency, the 

National Geospatial-Intelligence Agency, the National Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office; and 

(II) as determined by the President, any executive agency or unit thereof the principal function of which is the 

conduct of foreign intelligence or counterintelligence activities, provided that the determination be made prior to a 

personnel action; or 

(iii) the Government Accountability Office; and 

(D) ‘‘disclosure’’ means a formal or informal communication 

or transmission, but does not include a communication concerning policy decisions that lawfully exercise discretionary authority unless the employee or applicant providing the disclosure reasonably believes that the disclosure evidences— 

(i) any violation of any law, rule, or regulation; or 

(ii) gross mismanagement, a gross waste of funds, an 

abuse of authority, or a substantial and specific danger to 

public health or safety. 

(b) Any employee who has authority to take, direct others to 

take, recommend, or approve any personnel action, shall not, with 

respect to such authority— 

(1) discriminate for or against any employee or applicant for 

employment— 

(A) on the basis of race, color, religion, sex, or national 

origin, as prohibited under section 717 of the Civil Rights 

Act of 1964 (42 U.S.C. 2000e-16); 

(B) on the basis of age, as prohibited under sections 12 

and 15 of the Age Discrimination in Employment Act of 

1967 (29 U.S.C. 631, 633a); 

(C) on the basis of sex, as prohibited under section 6(d) 

of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)); 

(D) on the basis of handicapping condition, as prohibited 

under section 501 of the Rehabilitation Act of 1973 (29 

U.S.C. 791); or 

(E) on the basis of marital status or political affiliation, 

as prohibited under any law, rule, or regulation; 

(2) solicit or consider any recommendation or statement, oral 

or written, with respect to any individual who requests or is 

under consideration for any personnel action unless such recommendation or statement is based on the personal knowledge 

or records of the person furnishing it and consists of— 

(A) an evaluation of the work performance, ability, aptitude, or general qualifications of such individual; or 

(B) an evaluation of the character, loyalty, or suitability 

of such individual; 

(3) coerce the political activity of any person (including the 

providing of any political contribution or service), or take any 

action against any employee or applicant for employment as a 

reprisal for the refusal of any person to engage in such political 

activity; 

(4) deceive or willfully obstruct any person with respect to 

such person’s right to compete for employment; 


lotter on DSK5VPTVN1PROD with REPORTS
18 

(5) influence any person to withdraw from competition for 

any position for the purpose of improving or injuring the prospects of any other person for employment; 

(6) grant any preference or advantage not authorized by law, 

rule, or regulation to any employee or applicant for employment (including defining the scope or manner of competition or 

the requirements for any position) for the purpose of improving 

or injuring the prospects of any particular person for employment; 

(7) appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a 

civilian position any individual who is a relative (as defined in 

section 3110(a)(3) of this title) of such employee if such position 

is in the agency in which such employee is serving as a public 

official (as defined in section 3110(a)(2) of this title) or over 

which such employee exercises jurisdiction or control as such 

an official; 

(8) take or fail to take, or threaten to take or fail to take, 

a personnel action with respect to any employee or applicant 

for employment because of— 

(A) any disclosure of information by an employee or applicant which the employee or applicant reasonably believes evidences— 

(i) any violation of any law, rule, or regulation, or 

(ii) gross mismanagement, a gross waste of funds, 

an abuse of authority, or a substantial and specific 

danger to public health or safety, 

if such disclosure is not specifically prohibited by law and 

if such information is not specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs; or 

(B) any disclosure to the Special Counsel, or to the Inspector General of an agency or another employee designated by the head of the agency to receive such disclosures, of information which the employee or applicant reasonably believes evidences— 

(i) any violation (other than a violation of this section) of any law, rule, or regulation, or 

(ii) gross mismanagement, a gross waste of funds, 

an abuse of authority, or a substantial and specific 

danger to public health or safety; 

(9) take or fail to take, or threaten to take or fail to take, 

any personnel action against any employee or applicant for employment because of— 

(A) the exercise of any appeal, complaint, or grievance 

right granted by any law, rule, or regulation— 

(i) with regard to remedying a violation of paragraph (8); or 

(ii) other than with regard to remedying a violation 

of paragraph (8); 

(B) testifying for or otherwise lawfully assisting any individual in the exercise of any right referred to in subparagraph (A)(i) or (ii); 


lotter on DSK5VPTVN1PROD with REPORTS
19 

(C) cooperating with or disclosing information to the Inspector General of an agency, or the Special Counsel, in 

accordance with applicable provisions of law; or 

(D) for refusing to obey an order that would require the 

individual to violate a law; 

(10) discriminate for or against any employee or applicant for 

employment on the basis of conduct which does not adversely 

affect the performance of the employee or applicant or the performance of others; except that nothing in this paragraph shall 

prohibit an agency from taking into account in determining 

suitability or fitness any conviction of the employee or applicant for any crime under the laws of any State, of the District 

of Columbia, or of the United States; 

(11)(A) knowingly take, recommend, or approve any personnel action if the taking of such action would violate a veterans’ preference requirement; or 

(B) knowingly fail to take, recommend, or approve any personnel action if the failure to take such action would violate a 

veterans’ preference requirement; 

(12) take or fail to take any other personnel action if the taking of or failure to take such action violates any law, rule, or 

regulation implementing, or directly concerning, the merit system principles contained in section 2301 of this title; or 

(13) øimplement¿ (A) implement or enforce any nondisclosure 

policy, form, or agreement, if such policy, form, or agreement 

does not contain the following statement: ‘‘These provisions are 

consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created 

by existing statute or Executive order relating to (1) classified 

information, (2) communications to Congress, (3) the reporting 

to an Inspector General or the Office of Special Counsel of a 

violation of any law, rule, or regulation, or mismanagement, a 

gross waste of funds, an abuse of authority, or a substantial 

and specific danger to public health or safety, or (4) any other 

whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling 

Executive orders and statutory provisions are incorporated into 

this agreement and are controlling.’’ø.¿; or 

(B) implement or enforce any nondisclosure policy, form, 

or agreement, if such policy, form, or agreement prohibits 

or restricts an employee from disclosing to Congress, the 

Office of Special Counsel, or an Office of the Inspector General any information that relates to any violation of any 

law, rule, or regulation, or mismanagement, a gross waste 

of funds, an abuse of authority, or a substantial, and specific danger to public health or safety, or any other whistleblower protection. 

This subsection shall not be construed to authorize the withholding 

of information from Congress or the taking of any personnel action 

against an employee who discloses information to Congress. For 

purposes of paragraph (8), (i) any presumption relating to the performance of a duty by an employee whose conduct is the subject of 

a disclosure as defined under subsection (a)(2)(D) may be rebutted 

by substantial evidence, and (ii) a determination as to whether an 

employee or applicant reasonably believes that such employee or 


lotter on DSK5VPTVN1PROD with REPORTS
20 

applicant has disclosed information that evidences any violation of 

law, rule, regulation, gross mismanagement, a gross waste of 

funds, an abuse of authority, or a substantial and specific danger 

to public health or safety shall be made by determining whether a 

disinterested observer with knowledge of the essential facts known 

to and readily ascertainable by the employee or applicant could 

reasonably conclude that the actions of the Government evidence 

such violations, mismanagement, waste, abuse, or danger. 

(c) The head of each agency shall be responsible for the prevention of prohibited personnel practices, for the compliance with and 

enforcement of applicable civil service laws, rules, and regulations, 

and other aspects of personnel management, and for ensuring (in 

consultation with the Office of Special Counsel) that agency employees are informed of the rights and remedies available to them 

under this chapter and chapter 12 of this title, including 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 an agency, Congress, or other agency 

employee designated to receive such disclosures. Any individual to 

whom the head of an agency delegates authority for personnel 

management, or for any aspect thereof, shall be similarly responsible within the limits of the delegation. 

(d) This section shall not be construed to extinguish or lessen any 

effort to achieve equal employment opportunity through affirmative 

action or any right or remedy available to any employee or applicant for employment in the civil service under— 

(1) section 717 of the Civil Rights Act of 1964 (42 U.S.C. 

2000e-16), prohibiting discrimination on the basis of race, 

color, religion, sex, or national origin; 

(2) sections 12 and 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 631, 633a), prohibiting discrimination on the basis of age; 

(3) under section 6(d) of the Fair Labor Standards Act of 

1938 (29 U.S.C. 206(d)), prohibiting discrimination on the basis 

of sex; 

(4) section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 

791), prohibiting discrimination on the basis of handicapping 

condition; or 

(5) the provisions of any law, rule, or regulation prohibiting 

discrimination on the basis of marital status or political affiliation. 

(e)(1) For the purpose of this section, the term ‘‘veterans’ preference requirement’’ means any of the following provisions of law: 

(A) Sections 2108, 3305(b), 3309, 3310, 3311, 3312, 3313, 

3314, 3315, 3316, 3317(b), 3318, 3320, 3351, 3352, 3363, 3501, 

3502(b), 3504, and 4303(e) and (with respect to a preference eligible referred to in section 7511(a)(1)(B)) subchapter II of 

chapter 75 and section 7701. 

(B) Sections 943(c)(2) and 1784(c) of title 10. 

(C) Section 1308(b) of the Alaska National Interest Lands 

Conservation Act. 

(D) Section 301(c) of the Foreign Service Act of 1980. 

(E) Sections 106(f), 7281(e), and 7802(5) of title 38. 

(F) Section 1005(a) of title 39. 


lotter on DSK5VPTVN1PROD with REPORTS
21 

(G) Any other provision of law that the Director of the Office 

of Personnel Management designates in regulations as being a 

veterans’ preference requirement for the purposes of this subsection. 

(H) Any regulation prescribed under subsection (b) or (c) of 

section 1302 and any other regulation that implements a provision of law referred to in any of the preceding subparagraphs. 

(2) Notwithstanding any other provision of this title, no authority 

to order corrective action shall be available in connection with a 

prohibited personnel practice described in subsection (b)(11). Nothing in this paragraph shall be considered to affect any authority 

under section 1215 (relating to disciplinary action). 

(f)(1) A disclosure shall not be excluded from subsection (b)(8) because— 

(A) the disclosure was made to a supervisor or to a person 

who participated in an activity that the employee or applicant 

reasonably believed to be covered by subsection (b)(8)(A)(i) and 

(ii); 

(B) the disclosure revealed information that had been previously disclosed; 

(C) of the employee’s or applicant’s motive for making the 

disclosure; 

(D) the disclosure was not made in writing; 

(E) the disclosure was made while the employee was off 

duty; or 

(F) of the amount of time which has passed since the occurrence of the events described in the disclosure. 

(2) If a disclosure is made during the normal course of duties of 

an employee, the disclosure shall not be excluded from subsection 

(b)(8) if any employee who has authority to take, direct others to 

take, recommend, or approve any personnel action with respect to 

the employee making the disclosure, took, failed to take, or threatened to take or fail to take a personnel action with respect to that 

employee in reprisal for the disclosure. 

* * * * * * * 

Æ 


lotter on DSK5VPTVN1PROD with REPORTS