IIB 
116TH CONGRESS 
1ST SESSION 
H. R. 135 
IN THE SENATE OF THE UNITED STATES 
JANUARY 16, 2019 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
AN ACT 
To amend the Notification and Federal Employee Anti-
discrimination and Retaliation Act of 2002 to strengthen 
Federal antidiscrimination laws enforced by the Equal 
Employment Opportunity Commission and expand ac-
countability within the Federal Government, and for 
other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Employee 
Antidiscrimination Act of 2019’’. 
SEC. 2. SENSE OF CONGRESS. 
Section 102 of the Notification and Federal Em-
ployee Antidiscrimination and Retaliation Act of 2002 (5 
U.S.C. 2301 note) is amended— 
(1) in paragraph (4), to read as follows: 
‘‘(4) accountability in the enforcement of Fed-
eral employee rights is furthered when Federal agen-
cies take appropriate disciplinary action against 
Federal employees who have been found to have 
committed discriminatory or retaliatory acts;’’; and 
(2) in paragraph (5)(A)— 
(A) by striking ‘‘nor is accountability’’ and 
inserting ‘‘but 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 Em-
ployee Antidiscrimination and Retaliation Act of 2002 (5 
U.S.C. 2301 note) is amended by adding at the end the 
following: 
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‘‘(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 para-
graph (1) or (2) of section 201(a), as applicable, the 
head of the agency subject to the finding shall pro-
vide notice for at least 1 year on the agency’s inter-
net website in a clear and prominent location linked 
directly from the agency’s internet home page stat-
ing 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 protec-
tions available under the respective provisions of law 
covered by paragraph (1) or (2) of section 201(a).’’. 
SEC. 4. REPORTING REQUIREMENTS. 
(a) ELECTRONIC FORMAT REQUIREMENT.— 
(1) IN GENERAL.—Section 203(a) of the Notifi-
cation and Federal Employee Antidiscrimination and 
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Retaliation Act of 2002 (5 U.S.C. 2301 note) is 
amended— 
(A) by inserting ‘‘Homeland Security and’’ 
before ‘‘Governmental Affairs’’; 
(B) by inserting ‘‘Oversight and’’ before 
‘‘Government Reform’’; and 
(C) by inserting ‘‘(in an electronic format 
prescribed by the Office of Personnel Manage-
ment)’’ 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 Retal-
iation 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 Per-
sonnel 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 such Act is amended by adding 
at the end the following: 
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‘‘(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 appel-
late decision issued by the Equal Employment Oppor-
tunity 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 initi-
ated against a Federal employee as a result of the viola-
tion.’’. 
SEC. 5. DATA TO BE POSTED BY EMPLOYING FEDERAL 
AGENCIES. 
Section 301(b) of the Notification and Federal Em-
ployee 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) for each such finding counted under 
subparagraph (A), the agency shall specify— 
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‘‘(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 ac-
tion as a result of the finding.’’; and 
(2) by adding at the end the following: 
‘‘(11) Data regarding each class action com-
plaint filed against the agency alleging discrimina-
tion 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.’’. 
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SEC. 6. DATA TO BE POSTED BY THE EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION. 
Section 302(b) of the Notification and Federal Em-
ployee Antidiscrimination and Retaliation Act of 2002 (5 
U.S.C. 2301 note) is amended by striking ‘‘(10)’’ and in-
serting ‘‘(11)’’. 
SEC. 7. NOTIFICATION AND FEDERAL EMPLOYEE ANTI-
DISCRIMINATION 
AND 
RETALIATION 
ACT 
AMENDMENTS. 
(a) NOTIFICATION REQUIREMENTS.—The Notifica-
tion and Federal Employee Antidiscrimination and Retal-
iation Act of 2002 (5 U.S.C. 2301 note) is amended by 
adding after section 206 the following: 
‘‘SEC. 207. COMPLAINT TRACKING. 
‘‘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. 
‘‘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 
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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 
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‘‘(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-
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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.’’. 
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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-
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ger to public health or safety, or any other 
whistleblower protection.’’. 
Passed the House of Representatives January 15, 
2019. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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