```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 135 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 330
116th CONGRESS
  1st Session
                                H. R. 135

                          [Report No. 116-176]

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 16, 2019

     Received; read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

                           December 16, 2019

               Reported by Mr. Johnson, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT

 
 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Federal Employee 
Antidiscrimination Act of 2019''.</DELETED>

<DELETED>SEC. 2. SENSE OF CONGRESS.</DELETED>

<DELETED>    Section 102 of the Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (4), to read as 
        follows:</DELETED>
        <DELETED>    ``(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;''; and</DELETED>
        <DELETED>    (2) in paragraph (5)(A)--</DELETED>
                <DELETED>    (A) by striking ``nor is accountability'' 
                and inserting ``but accountability is not''; 
                and</DELETED>
                <DELETED>    (B) by inserting ``for what by law the 
                agency is responsible'' after ``under this 
                Act''.</DELETED>

<DELETED>SEC. 3. NOTIFICATION OF VIOLATION.</DELETED>

<DELETED>    Section 202 of the Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is 
amended by adding at the end the following:</DELETED>
<DELETED>    ``(d) Notification of Final Agency Action.--</DELETED>
        <DELETED>    ``(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 
        website 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.</DELETED>
        <DELETED>    ``(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).''.</DELETED>

<DELETED>SEC. 4. REPORTING REQUIREMENTS.</DELETED>

<DELETED>    (a) Electronic Format Requirement.--</DELETED>
        <DELETED>    (1) In general.--Section 203(a) of the 
        Notification and Federal Employee Antidiscrimination and 
        Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended--
        </DELETED>
                <DELETED>    (A) by inserting ``Homeland Security and'' 
                before ``Governmental Affairs'';</DELETED>
                <DELETED>    (B) by inserting ``Oversight and'' before 
                ``Government Reform''; and</DELETED>
                <DELETED>    (C) by inserting ``(in an electronic 
                format prescribed by the Office of Personnel 
                Management)'' after ``an annual report''.</DELETED>
        <DELETED>    (2) Effective date.--The amendment made by 
        paragraph (1)(C) shall take effect on the date that is 1 year 
        after the date of enactment of this Act.</DELETED>
        <DELETED>    (3) Transition period.--Notwithstanding the 
        requirements of section 203(a) of the Notification and Federal 
        Employee Antidiscrimination and Retaliation Act of 2002 (5 
        U.S.C. 2301 note), the report required under such section may 
        be submitted in an electronic format, as prescribed by the 
        Office of Personnel Management, during the period beginning on 
        the date of enactment of this Act and ending on the effective 
        date in paragraph (2).</DELETED>
<DELETED>    (b) Reporting Requirement for Disciplinary Action.--
Section 203 of such Act is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 5. DATA TO BE POSTED BY EMPLOYING FEDERAL 
              AGENCIES.</DELETED>

<DELETED>    Section 301(b) of the Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (9)--</DELETED>
                <DELETED>    (A) in subparagraph (A), by striking 
                ``and'' at the end;</DELETED>
                <DELETED>    (B) in subparagraph (B)(ii), by striking 
                the period at the end and inserting ``, and''; 
                and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
                <DELETED>    ``(C) for each such finding counted under 
                subparagraph (A), the agency shall specify--</DELETED>
                        <DELETED>    ``(i) the date of the 
                        finding;</DELETED>
                        <DELETED>    ``(ii) the affected 
                        agency;</DELETED>
                        <DELETED>    ``(iii) the law violated; 
                        and</DELETED>
                        <DELETED>    ``(iv) whether a decision has been 
                        made regarding necessary disciplinary action as 
                        a result of the finding.''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(11) Data regarding each class action complaint 
        filed against the agency alleging discrimination or 
        retaliation, including--</DELETED>
                <DELETED>    ``(A) information regarding the date on 
                which each complaint was filed;</DELETED>
                <DELETED>    ``(B) a general summary of the allegations 
                alleged in the complaint;</DELETED>
                <DELETED>    ``(C) an estimate of the total number of 
                plaintiffs joined in the complaint if known;</DELETED>
                <DELETED>    ``(D) the current status of the complaint, 
                including whether the class has been certified; 
                and</DELETED>
                <DELETED>    ``(E) the case numbers for the civil 
                actions in which discrimination or retaliation has been 
                found.''.</DELETED>

<DELETED>SEC. 6. DATA TO BE POSTED BY THE EQUAL EMPLOYMENT OPPORTUNITY 
              COMMISSION.</DELETED>

<DELETED>    Section 302(b) of the Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is 
amended by striking ``(10)'' and inserting ``(11)''.</DELETED>

<DELETED>SEC. 7. NOTIFICATION AND FEDERAL EMPLOYEE ANTIDISCRIMINATION 
              AND RETALIATION ACT AMENDMENTS.</DELETED>

<DELETED>    (a) Notification Requirements.--The Notification and 
Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 
U.S.C. 2301 note) is amended by adding after section 206 the 
following:</DELETED>

<DELETED>``SEC. 207. COMPLAINT TRACKING.</DELETED>

<DELETED>    ``Not later than 1 year after the date of enactment of the 
Federal Employee Antidiscrimination Act of 2019, each Federal agency 
shall establish a system to track each complaint of discrimination 
arising 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.</DELETED>

<DELETED>``SEC. 208. NOTATION IN PERSONNEL RECORD.</DELETED>

<DELETED>    ``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.''.</DELETED>
<DELETED>    (b) Processing and Referral.--The Notification and Federal 
Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 
note) is amended by adding at the end the following:</DELETED>

         <DELETED>``TITLE IV--PROCESSING AND REFERRAL</DELETED>

<DELETED>``SEC. 401. PROCESSING AND RESOLUTION OF COMPLAINTS.</DELETED>

<DELETED>    ``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--</DELETED>
        <DELETED>    ``(1) is not under the control, either 
        structurally or practically, of a Human Capital or General 
        Counsel office;</DELETED>
        <DELETED>    ``(2) is devoid of internal conflicts of interest 
        and ensures fairness and inclusiveness within the organization; 
        and</DELETED>
        <DELETED>    ``(3) ensures the efficient and fair resolution of 
        complaints alleging discrimination or retaliation.</DELETED>

<DELETED>``SEC. 402. NO LIMITATION ON HUMAN CAPITAL OR GENERAL COUNSEL 
              ADVICE.</DELETED>

<DELETED>    ``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.</DELETED>

<DELETED>``SEC. 403. HEAD OF PROGRAM REPORTS TO HEAD OF 
              AGENCY.</DELETED>

<DELETED>    ``The head of each Federal agency's Equal Employment 
Opportunity Program shall report directly to the head of the 
agency.</DELETED>

<DELETED>``SEC. 404. REFERRALS OF FINDINGS OF DISCRIMINATION.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Notification.--The Office of Special Counsel shall 
notify the Commission in a case in which the Office of Special Counsel 
initiates disciplinary action.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) Conforming Amendments.--The table of contents in 
section 1(b) of the Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is 
amended--</DELETED>
        <DELETED>    (1) by inserting after the item relating to 
        section 206 the following:</DELETED>

<DELETED>``Sec. 207. Complaint tracking.
<DELETED>``Sec. 208. Notation in personnel record.'';
        <DELETED>and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>

              <DELETED>``TITLE IV--PROCESSING AND REFERRAL

<DELETED>``Sec. 401. Processing and resolution of complaints.
<DELETED>``Sec. 402. No limitation on Human Capital or General Counsel 
                            advice.
<DELETED>``Sec. 403. Head of Program reports to head of agency.
<DELETED>``Sec. 404. Referrals of findings of discrimination.''.

<DELETED>SEC. 8. NONDISCLOSURE AGREEMENT LIMITATION.</DELETED>

<DELETED>    Section 2302(b) of title 5, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (13)--</DELETED>
                <DELETED>    (A) by inserting ``or the Office of 
                Special Counsel'' after ``Inspector 
                General'';</DELETED>
                <DELETED>    (B) by striking ``implement'' and 
                inserting ``(A) implement''; and</DELETED>
                <DELETED>    (C) by striking the period that follows 
                the quoted material and inserting ``; or''; 
                and</DELETED>
        <DELETED>    (2) by adding after subparagraph (A), as added by 
        paragraph (1)(B), and preceding the flush left matter that 
        follows paragraph (13), the following:</DELETED>
                <DELETED>    ``(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.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Elijah E. Cummings Federal Employee 
Antidiscrimination Act of 2019''.

SEC. 2. SENSE OF CONGRESS.

    Section 102 of the Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is 
amended--
            (1) by striking paragraph (4) and inserting the following:
            ``(4) accountability in the enforcement of the rights of 
        Federal employees is furthered when Federal agencies agree to 
        take appropriate disciplinary action against Federal employees 
        who are found to have intentionally committed discriminatory 
        (including retaliatory) acts;''; and
            (2) in paragraph (5)(A)--
                    (A) by striking ``nor is accountability'' and 
                inserting ``accountability is not''; and
                    (B) by inserting ``for what, by law, the agency is 
                responsible'' after ``under this Act''.

SEC. 3. NOTIFICATION OF VIOLATION.

    Section 202 of the Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is 
amended by adding at the end the following:
    ``(d) Notification of Final Agency Action.--
            ``(1) In general.--Not later than 90 days after the date on 
        which an event described in paragraph (2) occurs with respect 
        to a finding of discrimination (including retaliation), the 
        head of the Federal agency subject to the finding shall provide 
        notice--
                    ``(A) on the public internet website of the agency, 
                in a clear and prominent location linked directly from 
                the home page of that website;
                    ``(B) stating that a finding of discrimination 
                (including retaliation) has been made; and
                    ``(C) which shall remain posted for not less than 1 
                year.
            ``(2) Events described.--An event described in this 
        paragraph is any of the following:
                    ``(A) All appeals of a final action by a Federal 
                agency involving a finding of discrimination (including 
                retaliation) prohibited by a provision of law covered 
                by paragraph (1) or (2) of section 201(a) have been 
                exhausted.
                    ``(B) All appeals of a final decision by the Equal 
                Employment Opportunity Commission involving a finding 
                of discrimination (including if the finding included a 
                finding of retaliation) prohibited by a provision of 
                law covered by paragraph (1) or (2) of section 201(a) 
                have been exhausted.
                    ``(C) A court of jurisdiction issues a final 
                judgment involving a finding of discrimination 
                (including retaliation) prohibited by a provision of 
                law covered by paragraph (1) or (2) of section 201(a).
            ``(3) Contents.--A notification provided under paragraph 
        (1) with respect to a finding of discrimination (including 
        retaliation) shall--
                    ``(A) identify the date on which the finding was 
                made, the date on which each discriminatory act 
                occurred, and the law violated by each such 
                discriminatory act; and
                    ``(B) advise Federal employees of the rights and 
                protections available under the provisions of law 
                covered by paragraphs (1) and (2) of section 201(a).''.

SEC. 4. REPORTING REQUIREMENTS.

    (a) Electronic Format Requirement.--
            (1) In general.--Section 203(a) of the Notification and 
        Federal Employee Antidiscrimination and Retaliation Act of 2002 
        (5 U.S.C. 2301 note) is amended, in the matter preceding 
        paragraph (1)--
                    (A) by inserting ``Homeland Security and'' before 
                ``Governmental Affairs'';
                    (B) by striking ``on Government Reform'' and 
                inserting ``on Oversight and Reform''; and
                    (C) by inserting ``(in an electronic format 
                prescribed by the Director of the Office of Personnel 
                Management),'' after ``an annual report''.
            (2) Effective date.--The amendment made by paragraph (1)(C) 
        shall take effect on the date that is 1 year after the date of 
        enactment of this Act.
            (3) Transition period.--Notwithstanding the requirements of 
        section 203(a) of the Notification and Federal Employee 
        Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 
        note), the report required under such section 203(a) may be 
        submitted in an electronic format, as prescribed by the 
        Director of the Office of Personnel Management, during the 
        period beginning on the date of enactment of this Act and 
        ending on the effective date in paragraph (2).
    (b) Reporting Requirement for Disciplinary Action.--Section 203 of 
the Notification and Federal Employee Antidiscrimination and 
Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by adding at 
the end the following:
    ``(c) Disciplinary Action Report.--Not later than 120 days after 
the date on which a Federal agency takes final action, or a Federal 
agency receives a final decision issued by the Equal Employment 
Opportunity Commission, involving a finding of discrimination 
(including retaliation) in violation of a provision of law covered by 
paragraph (1) or (2) of section 201(a), as applicable, the applicable 
Federal agency shall submit to the Commission a report stating--
            ``(1) whether disciplinary action has been proposed against 
        a Federal employee as a result of the violation; and
            ``(2) the reasons for any disciplinary action proposed 
        under paragraph (1).''.

SEC. 5. DATA TO BE POSTED BY EMPLOYING FEDERAL AGENCIES.

    Section 301(b) of the Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is 
amended--
            (1) in paragraph (9)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) in subparagraph (B)(ii), by striking the period 
                at the end and inserting ``, and''; and
                    (C) by adding at the end the following:
                    ``(C) with respect to each finding described in 
                subparagraph (A)--
                            ``(i) the date of the finding,
                            ``(ii) the affected Federal agency,
                            ``(iii) the law violated, and
                            ``(iv) whether a decision has been made 
                        regarding disciplinary action as a result of 
                        the finding.''; and
            (2) by adding at the end the following:
            ``(11) Data regarding each class action complaint filed 
        against the agency alleging discrimination (including 
        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 (including retaliation) has been 
                found.''.

SEC. 6. DATA TO BE POSTED BY THE EQUAL EMPLOYMENT OPPORTUNITY 
              COMMISSION.

    Section 302(b) of the Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is 
amended by striking ``(10)'' and inserting ``(11)''.

SEC. 7. NOTIFICATION AND FEDERAL EMPLOYEE ANTIDISCRIMINATION AND 
              RETALIATION ACT OF 2002 AMENDMENTS.

    (a) Notification Requirements.--Title II of the Notification and 
Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 
U.S.C. 2301 note) is amended by adding at the end the following:

``SEC. 207. COMPLAINT TRACKING.

    ``Not later than 1 year after the date of enactment of the Elijah 
E. Cummings Federal Employee Antidiscrimination Act of 2019, each 
Federal agency shall establish a system to track each complaint of 
discrimination arising under section 2302(b)(1) of title 5, United 
States Code, and adjudicated through the Equal Employment Opportunity 
process from the filing of a complaint with the Federal agency to 
resolution of the complaint, including whether a decision has been made 
regarding 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 (including 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 that action have been exhausted, 
include a notation of the adverse action and the reason for the action 
in the personnel record of the employee.''.
    (b) Processing and Referral.--The Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is 
amended by adding at the end the following:

                  ``TITLE IV--PROCESSING AND REFERRAL

``SEC. 401. PROCESSING AND RESOLUTION OF COMPLAINTS.

    ``Each Federal agency shall--
            ``(1) be responsible for the fair and impartial processing 
        and resolution of complaints of employment discrimination 
        (including retaliation) prohibited by a provision of law 
        covered by paragraph (1) or (2) of section 201(a); and
            ``(2) establish a model Equal Employment Opportunity 
        Program that--
                    ``(A) is not under the control, either structurally 
                or practically, of the agency's Office of Human Capital 
                or Office of the General Counsel (or the equivalent);
                    ``(B) is devoid of internal conflicts of interest 
                and ensures fairness and inclusiveness within the 
                agency; and
                    ``(C) ensures the efficient and fair resolution of 
                complaints alleging discrimination (including 
                retaliation).

``SEC. 402. NO LIMITATION ON ADVICE OR COUNSEL.

    ``Nothing in this title shall prevent a Federal agency or a 
subcomponent of a Federal agency, or the Department of Justice, from 
providing advice or counsel to employees of that agency (or 
subcomponent, as applicable) in the resolution of a complaint.

``SEC. 403. HEAD OF PROGRAM SUPERVISED BY 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.--
            ``(1) In general.--Not later than 30 days after the date on 
        which the Equal Employment Opportunity Commission (referred to 
        in this section as the `Commission') receives, or should have 
        received, a Federal agency report required under section 
        203(c), the Commission may refer the matter to which the report 
        relates to the Office of Special Counsel if the Commission 
        determines that the Federal agency did not take appropriate 
        action with respect to the finding that is the subject of the 
        report.
            ``(2) Notifications.--The Commission shall--
                    ``(A) notify the applicable Federal agency if the 
                Commission refers a matter to the Office of Special 
                Counsel under paragraph (1); and
                    ``(B) with respect to a fiscal year, include in the 
                Annual Report of the Federal Workforce of the 
                Commission covering that fiscal year--
                            ``(i) the number of referrals made under 
                        paragraph (1) during that fiscal year; and
                            ``(ii) a brief summary of each referral 
                        described in clause (i).
    ``(b) Referrals to Special Counsel.--The Office of Special Counsel 
shall accept and review a referral from the Commission under subsection 
(a)(1) for purposes of pursuing disciplinary action under the authority 
of the Office against a Federal employee who commits an act of 
discrimination (including retaliation).
    ``(c) Notification.--The Office of Special Counsel shall notify the 
Commission and the applicable Federal agency in a case in which--
            ``(1) the Office of Special Counsel pursues disciplinary 
        action under subsection (b); and
            ``(2) the Federal agency imposes some form of disciplinary 
        action against a Federal employee who commits an act of 
        discrimination (including retaliation).
    ``(d) Special Counsel Approval.--A Federal agency may not take 
disciplinary action against a Federal employee for an alleged act of 
discrimination (including retaliation) referred by the Commission under 
this section, except in accordance with the requirements of section 
1214(f) of title 5, United States Code.''.
    (c) Conforming Amendments.--The table of contents in section 1(b) 
of the Notification and Federal Employee Antidiscrimination and 
Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended--
            (1) by inserting after the item relating to section 206 the 
        following:

``Sec. 207. Complaint tracking.
``Sec. 208. Notation in personnel record.''; and
            (2) by adding at the end the following:

                  ``TITLE IV--PROCESSING AND REFERRAL

``Sec. 401. Processing and resolution of complaints.
``Sec. 402. No limitation on advice or counsel.
``Sec. 403. Head of Program supervised by head of agency.
``Sec. 404. Referrals of findings of discrimination.''.

SEC. 8. NONDISCLOSURE AGREEMENT LIMITATION.

    Section 2302(b)(13) of title 5, United States Code, is amended--
            (1) by striking ``agreement does not'' and inserting the 
        following: ``agreement--
                    ``(A) does not'';
            (2) in subparagraph (A), as so designated, by inserting 
        ``or the Office of Special Counsel'' after ``Inspector 
        General''; and
            (3) by adding at the end the following:
                    ``(B) prohibits or restricts an employee or 
                applicant for employment from disclosing to Congress, 
                the Special Counsel, the Inspector General of an 
                agency, or any other agency component responsible for 
                internal investigation or review 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; or''.
                                                       Calendar No. 330

116th CONGRESS

  1st Session

                               H. R. 135

                          [Report No. 116-176]

_______________________________________________________________________

                                 AN ACT

 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.

_______________________________________________________________________

                           December 16, 2019

                       Reported with an amendment
```