H. R. 6395—513 

(i) the minority community outreach efforts mad

in using the authority and providing relocation ince

tives described in paragraph (1); and (ii) participation outcomes. 

(D) Such other matters as the Secretary conside

appropriate. 

(d) CLERICAL AMENDMENT.—The table of sections at the begi

ning of chapter 81 of title 10, United States Code, is amende

by adding at the end the following new item: 

‘‘1599i. Recruitment incentives for placement at remote locations.’’. 

SEC. 1121. TECHNICAL AMENDMENTS REGARDING REIMBURSEMEN

OF FEDERAL, STATE, AND LOCAL INCOME TAXE

INCURRED DURING TRAVEL, TRANSPORTATION, AN

RELOCATION. 

(a) IN GENERAL.—Section 5724b(b) of title 5, United States 

Code, is amended—

(1) by striking ‘‘or relocation expenses reimbursed’’ and

inserting ‘‘and relocation expenses reimbursed’’; and (2) by striking ‘‘of chapter 41’’ and inserting ‘‘or chapter 

41’’. 

(b) RETROACTIVE EFFECTIVE DATE.—The amendments made b

subsection (a) shall take effect as if included in the enactme

of section 1114 of the National Defense Authorization Act for Fisc

Year 2020 (Public Law 116–92). 

Subtitle B—Elijah E. Cummings Federal 

Employee Antidiscrimination Act of 2020 

SEC. 1131. SHORT TITLE. 

This subtitle may be cited as the ‘‘Elijah E. Cummings Feder

Employee Antidiscrimination Act of 2020’’. 

SEC. 1132. SENSE OF CONGRESS. 

Section 102 of the Notification and Federal Employee Ant

discrimination and Retaliation Act of 2002 (5 U.S.C. 2301 not

is amended— 

(1) by striking paragraph (4) and inserting the followin

‘‘(4) accountability in the enforcement of the rights of Fe

eral employees is furthered when Federal agencies agree 

take appropriate disciplinary action against Federal employe

who are found to have intentionally committed discriminato

(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 respon

sible’’ after ‘‘under this Act’’. 

SEC. 1133. NOTIFICATION OF VIOLATION. 

Section 202 of the Notification and Federal Employee Ant

discrimination and Retaliation Act of 2002 (5 U.S.C. 2301 not

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 
H. R. 6395—514 

respect to a finding of discrimination (including retaliation

the head of the Federal agency subject to the finding sha

provide notice—

‘‘(A) on the public internet website of the agency, 

a clear and prominent location linked directly from th

home page of that website; 

‘‘(B) stating that a finding of discrimination (includin

retaliation) has been made; and

‘‘(C) which shall remain posted for not less than 

year.

‘‘(2) EVENTS DESCRIBED.—An event described in this par

graph is any of the following: 

‘‘(A) All appeals of a final action by a Federal agen

involving a finding of discrimination (including retaliatio

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 Equ

Employment Opportunity Commission involving a findin

of discrimination (including if the finding included a findin

of retaliation) prohibited by a provision of law covere

by paragraph (1) or (2) of section 201(a) have bee

exhausted. 

‘‘(C) A court of jurisdiction issues a final judgmen

involving a finding of discrimination (including retaliatio

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 retali

tion) shall—

‘‘(A) identify the date on which the finding was mad

the date on which each discriminatory act occurred, an

the law violated by each such discriminatory act; and 

‘‘(B) advise Federal employees of the rights and prote

tions available under the provisions of law covered by par

graphs (1) and (2) of section 201(a).’’. 

SEC. 1134. REPORTING REQUIREMENTS. 

(a) ELECTRONIC FORMAT REQUIREMENT.— 

(1) IN GENERAL.—Section 203(a) of the Notification an

Federal Employee Antidiscrimination and Retaliation Act 

2002 (5 U.S.C. 2301 note) is amended in the matter precedin

paragraph (1)—

(A) by inserting ‘‘Homeland Security and’’ befo

‘‘Governmental Affairs’’;

(B) by striking ‘‘on Government Reform’’ and insertin

‘‘on Oversight and Reform’’; and 

(C) by inserting ‘‘(in an electronic format prescribe

by the Director of the Office of Personnel Management)

after ‘‘an annual report’’.

(2) EFFECTIVE DATE.—The amendment made by paragrap

(1)(C) shall take effect on the date that is 1 year after th

date of enactment of this Act. 

(3) TRANSITION PERIOD.—Notwithstanding the requir

ments of section 203(a) of the Notification and Feder

Employee Antidiscrimination and Retaliation Act of 2002 (5

U.S.C. 2301 note), the report required under such section 203(

may be submitted in an electronic format, as prescribed by 
 

 

 

 

 

H. R. 6395—515 

the Director of the Office of Personnel Management, durin

the period beginning on the date of enactment of this A

and ending on the effective date in paragraph (2).

(b) REPORTING REQUIREMENT FOR DISCIPLINARY ACTION.—Se

tion 203 of the Notification and Federal Employee Antidiscrimin

tion and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amende

by adding at the end the following:

‘‘(c) DISCIPLINARY ACTION REPORT.—Not later than 120 day

after the date on which a Federal agency takes final action, 

a Federal agency receives a final decision issued by the Equ

Employment Opportunity Commission, involving a finding 

discrimination (including retaliation) in violation of a provisio

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

applicable, the applicable Federal agency shall submit to th

Commission a report stating—

‘‘(1) whether disciplinary action has been proposed again

a Federal employee as a result of the violation; and

‘‘(2) the reasons for any disciplinary action proposed und

paragraph (1).’’. 

SEC. 1135. DATA TO BE POSTED BY EMPLOYING FEDERAL AGENCIES. 

Section 301(b) of the Notification and Federal Employee Ant

discrimination and Retaliation Act of 2002 (5 U.S.C. 2301 not

is amended— 

(1) in paragraph (9)—

(A) in subparagraph (A), by striking ‘‘and’’ at the en

(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 file

against the agency alleging discrimination (including retali

tion), 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 joine

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. 1136. DATA TO BE POSTED BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. 

Section 302(b) of the Notification and Federal Employee Ant

discrimination and Retaliation Act of 2002 (5 U.S.C. 2301 not

is amended by striking ‘‘(10)’’ and inserting ‘‘(11)’’. 
 

H. R. 6395—516 

SEC. 1137. NOTIFICATION AND FEDERAL EMPLOYEE ANTIDISCRIMINA

TION AND RETALIATION ACT OF 2002 AMENDMENTS. 

(a) NOTIFICATION REQUIREMENTS.—Title II of the Notificatio

and Federal Employee Antidiscrimination and Retaliation Act 

2002 (5 U.S.C. 2301 note) is amended by adding at the end th

following: 

‘‘SEC. 207. COMPLAINT TRACKING. 

‘‘Not later than 1 year after the date of enactment of th

Elijah E. Cummings Federal Employee Antidiscrimination Act 

2020, each Federal agency shall establish a system to track eac

complaint of discrimination arising under section 2302(b)(1) of tit

5, United States Code, and adjudicated through the Equal Emplo

ment Opportunity process from the filing of a complaint with th

Federal agency to resolution of the complaint, including wheth

a decision has been made regarding disciplinary action as th

result of a finding of discrimination. 

‘‘SEC. 208. NOTATION IN PERSONNEL RECORD. 

‘‘If a Federal agency takes an adverse action covered und

section 7512 of title 5, United States Code, against a Feder

employee for an act of discrimination (including retaliation) prohi

ited by a provision of law covered by paragraph (1) or (2) of sectio

201(a), the agency shall, after all appeals relating to that actio

have been exhausted, include a notation of the adverse actio

and the reason for the action in the personnel record of th

employee.’’.

(b) PROCESSING AND REFERRAL.—The Notification and Feder

Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.

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 processin

and resolution of complaints of employment discriminatio

(including retaliation) prohibited by a provision of law covere

by paragraph (1) or (2) of section 201(a); and

‘‘(2) establish a model Equal Employment Opportunity Pr

gram that—‘‘(A) is not under the control, either structurally 

practically, of the agency’s Office of Human Capital 

Office of the General Counsel (or the equivalent);

‘‘(B) is devoid of internal conflicts of interest an

ensures fairness and inclusiveness within the agency; an

‘‘(C) ensures the efficient and fair resolution of com

plaints alleging discrimination (including retaliation). 

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

‘‘Nothing in this title shall prevent a Federal agency or 

subcomponent of a Federal agency, or the Department of Justic

from providing advice or counsel to employees of that agency (

subcomponent, as applicable) in the resolution of a complaint. 
 

 

 

 

H. R. 6395—517 

‘‘SEC. 403. HEAD OF PROGRAM SUPERVISED BY HEAD OF AGENC

‘‘The head of each Federal agency’s Equal Employment Oppo

tunity Program shall report directly to the head of the agenc

‘‘SEC. 404. REFERRALS OF FINDINGS OF DISCRIMINATION. 

‘‘(a) EEOC FINDINGS OF DISCRIMINATION.— 

‘‘(1) IN GENERAL.—Not later than 30 days after the da

on which the Equal Employment Opportunity Commissio

(referred to in this section as the ‘Commission’) receives, 

should have received, a Federal agency report required und

section 203(c), the Commission may refer the matter to whic

the report relates to the Office of Special Counsel if the Commi

sion determines that the Federal agency did not take appr

priate action with respect to the finding that is the subje

of the report. ‘‘(2) NOTIFICATIONS.—The Commission shall— 

‘‘(A) notify the applicable Federal agency if th

Commission refers a matter to the Office of Special Couns

under paragraph (1); and

‘‘(B) with respect to a fiscal year, include in the Annu

Report of the Federal Workforce of the Commission co

ering that fiscal year— ‘‘(i) the number of referrals made under paragraph (1) during that fiscal year; and 

‘‘(ii) a brief summary of each referral describe

in clause (i). 

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

Counsel shall accept and review a referral from the Commissio

under subsection (a)(1) for purposes of pursuing disciplinary actio

under the authority of the Office against a Federal employee wh

commits an act of discrimination (including retaliation). 

‘‘(c) NOTIFICATION.—The Office of Special Counsel shall noti

the Commission and the applicable Federal agency in a case 

which— 

‘‘(1) the Office of Special Counsel pursues disciplina

action under subsection (b); and

‘‘(2) the Federal agency imposes some form of disciplinar

action against a Federal employee who commits an act 

discrimination (including retaliation). 

‘‘(d) SPECIAL COUNSEL APPROVAL.—A Federal agency may n

take disciplinary action against a Federal employee for an allege

act of discrimination (including retaliation) referred by the Commi

sion under this section, except in accordance with the requiremen

of section 1214(f) of title 5, United States Code.’’.

(c) CONFORMING AMENDMENTS.—The table of contents in sectio

1(b) of the Notification and Federal Employee Antidiscriminatio

and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended— 

(1) by inserting after the item relating to section 206 th

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.’’. 
H. R. 6395—518 

SEC. 1138. NONDISCLOSURE AGREEMENT LIMITATION. 

Section 2302(b)(13) of title 5, United States Code, is amended—

(1) by striking ‘‘agreement does not’’ and inserting th

following: ‘‘agreement— ‘‘(A) does not’’;

(2) in subparagraph (A), as so designated, by insertin

‘‘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 applican

for employment from disclosing to Congress, the Speci

Counsel, the Inspector General of an agency, or any oth

agency component responsible for internal investigation 

review any information that relates to any violation 

any law, rule, or regulation, or mismanagement, a gro

waste of funds, an abuse of authority, or a substanti

and specific danger to public health or safety, or any oth

whistleblower protection; or’’. 

TITLE XII—MATTERS RELATING TO 

FOREIGN NATIONS 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Authority to build capacity for additional operations.

Sec. 1202. Participation in European program on multilateral exchange of surface 

transportation services. 

Sec. 1203. Participation in programs relating to coordination or exchange of air refueling and air transportation services. Sec. 1204. Reciprocal patient movement agreements. 

Sec. 1205. Modification to the Inter-European Air Forces Academy.

Sec. 1206. Modification of authority for participation in multinational centers of excellence. 

Sec. 1207. Modification and extension of support of special operations for irregular 

warfare. 

Sec. 1208. Extension of authority to transfer excess high mobility multipurpose 

wheeled vehicles to foreign countries.

Sec. 1209. Modification and extension of update of Department of Defense Freedom 

of Navigation Report. 

Sec. 1210. Extension and modification of authority to support border security operations of certain foreign countries. 

Sec. 1210A. Extension of Department of Defense support for stabilization activities 

in national security interest of the United States. Sec. 1210B. Extension of report on workforce development.

Sec. 1210C. Plan to increase participation in international military education and 

training programs. 

Sec. 1210D. Mitigation and prevention of atrocities in high-risk countries. 

Sec. 1210E. Implementation of the Women, Peace, and Security Act of 2017. 

Subtitle B—Matters Relating to Afghanistan and Pakistan 

Sec. 1211. Extension and modification of authority for reimbursement of certain 

alition nations for support provided to United States military ope

ations.

Sec. 1212. Extension of the Afghan Special Immigrant Visa Program.

Sec. 1213. Extension and modification of support for reconciliation activities led by

the Government of Afghanistan.

Sec. 1214. Extension and modification of Commanders’ Emergency Response Program. Sec. 1215. Limitation on use of funds to reduce deployment to Afghanistan.

Sec. 1216. Modifications to immunity from seizure under judicial process of cultural 

objects. 

Sec. 1217. Congressional oversight of United States talks with Taliban officials and 

Afghanistan’s comprehensive peace process.