a Federal employee for an act of discrimination or retalia-
tion 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, in-
clude a notation of the adverse action and the reason for 
the action in the employee’s personnel record.’’. 
(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 is responsible for the fair, im-
partial processing and resolution of complaints of employ-
ment 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 Coun-
sel office; 
‘‘(2) is devoid of internal conflicts of interest 
and ensures fairness and inclusiveness within the or-
ganization; and
‘‘(3) ensures the efficient and fair resolution of 
complaints alleging discrimination or retaliation. 
‘‘SEC. 402. NO LIMITATION ON HUMAN CAPITAL OR GEN-
ERAL 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 proc-
essing and resolution of a complaint, including providing 
legal representation to a Federal agency in any pro-
ceeding. 
‘‘SEC. 403. HEAD OF PROGRAM REPORTS TO HEAD OF 
AGENCY. 
‘‘The head of each Federal agency’s Equal Employ-
ment 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 Oppor-
tunity Commission issues an appellate decision involving 
a finding of discrimination or retaliation within a Federal 
agency, the Commission shall refer the matter to the Of-
fice 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 seek-
ing disciplinary action under its authority against a Fed-
eral employee who commits an act of discrimination or re-
taliation. 
‘‘(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.’’. 
(c) CONFORMING AMENDMENTS.—The table of con-
tents in section 1(b) of the Notification and Federal Em-
ployee Antidiscrimination and Retaliation Act of 2002 (5 
U.S.C. 2301 note) is amended— 
(1) by inserting after the item relating to sec-
tion 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 Human Capital or General Counsel advice. 
‘‘Sec. 403. Head of Program reports to head of agency. 
‘‘Sec. 404. Referrals of findings of discrimination.’’.
SEC. 8. NONDISCLOSURE AGREEMENT LIMITATION. 
Section 2302(b) of title 5, United States Code, is 
amended— 
(1) in paragraph (13)— 
(A) by inserting ‘‘or the Office of Special 
Counsel’’ after ‘‘Inspector General’’; 
(B) by striking ‘‘implement’’ and inserting 
‘‘(A) implement’’; and 
(C) by striking the period that follows the 
quoted material and inserting ‘‘; or’’; and 
(2) by adding after subparagraph (A), as added 
by paragraph (1)(B), and preceding the flush left 
matter that follows paragraph (13), the following: 
‘‘(B) implement or enforce any nondisclo-
sure policy, form, or agreement, if such policy, 
form, or agreement prohibits or restricts an em-
ployee from disclosing to Congress, the Office of 
Special Counsel, or an Office of the Inspector 
General any information that relates to any vio-
lation of any law, rule, or regulation, or mis-
management, a gross waste of funds, an abuse 
of authority, or a substantial, and specific dan-
ger to public health or safety, or any other 
whistleblower protection.’’. 
Passed the House of Representatives January 15, 
2019. 
Attest: 
Clerk.
116TH CONGRESS 
1ST SESSION 
H. R. 135 
AN ACT 
To amend the Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 
to strengthen Federal antidiscrimination laws en-
forced by the Equal Employment Opportunity 
Commission and expand accountability within the 
Federal Government, and for other purposes.