Retaliation Act of 2002 (5 U.S.C. 2301 note) is 
amended by inserting ‘‘(in an electronic format pre-
scribed by the Office of Personnel Management)’’ 
after ‘‘an annual report’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) 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: 
‘‘(c) DISCIPLINARY
ACTION
REPORT.—Not later 
than 60 days after the date on which a Federal agency 
takes final action or an agency receives an appellate deci-
sion issued by the Equal Employment Opportunity Com-
mission involving a finding of discrimination or retaliation 
in violation of a provision of law covered by paragraphs 
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(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. 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— 
‘‘(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: 
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‘‘(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.’’. 
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)’’. 
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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 2015, 
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 an agency takes an adverse action covered under 
section 7512 of title 5, United States Code, against an 
employee for an act of discrimination or retaliation prohib-
ited by a provision of law covered by paragraphs (1) or 
(2) of section 201(a), the agency shall, after all appeals 
relating to such action have been exhausted, include a no-
tation of the adverse action and the reason for the action 
in the employee’s personnel record.’’. 
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(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 agency personnel on the processing 
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and resolution of a complaint, including providing legal 
representation to an agency in any proceeding. 
‘‘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 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 seek-
ing disciplinary action under its authority against an 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.—An agency may 
not take disciplinary action against a Federal employee 
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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. NON-DISCLOSURE 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 
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(C) by striking the period that follows the 
quoted material and inserting ‘‘; or’’; 
(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.’’. 
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Union Calendar No. 83 
114TH CONGRESS 
1ST SESSION 
H. R. 1557 
[Report No. 114–117] 
A BILL 
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. 
MAY 15, 2015 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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