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 
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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.’’. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Employee Anti-
discrimination Act of 2015’’. 
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) in paragraph (4), to read as follows: 
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‘‘(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 
(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 Fed-
eral 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) 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 Federal agency subject to the finding shall 
provide notice for at least 1 year on the Federal agen-
cy’s Internet Web site in a clear and prominent loca-
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tion linked directly from the Federal agency’s Inter-
net home page stating that a finding of discrimina-
tion or retaliation has been made. 
‘‘(2) The notification shall identify the date the 
finding was made, the date or dates on which the dis-
criminatory or retaliatory act or acts occurred, and 
the law or laws violated by the discriminatory or re-
taliatory act or acts. The notification shall also ad-
vise Federal employees of the rights and protections 
available under the respective provisions of law cov-
ered 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 Notifica-
tion and Federal Employee Antidiscrimination and 
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’’. 
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(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 Retalia-
tion Act of 2002 (5 U.S.C. 2301 note), the report re-
quired 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 AC-
TION.—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 a Federal agency receives an appellate decision 
issued by the Equal Employment Opportunity Commission 
involving a finding of discrimination or retaliation in vio-
lation 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.’’. 
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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 Federal agency shall 
specify— 
‘‘(i) the date of the finding, 
‘‘(ii) the affected Federal agency, 
‘‘(iii) the law violated, and 
‘‘(iv) whether a decision has been made 
regarding necessary disciplinary action 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 Federal agency alleging dis-
crimination or retaliation, including— 
‘‘(A) information regarding the date on 
which each complaint was filed, 
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‘‘(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, in-
cluding 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)’’. 
SEC. 7. NOTIFICATION AND FEDERAL EMPLOYEE ANTI-
DISCRIMINATION 
AND 
RETALIATION 
ACT 
AMENDMENTS. 
(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: 
‘‘SEC. 207. COMPLAINT TRACKING. 
‘‘Not later than 1 year after the date of enactment of 
the Federal Employee Antidiscrimination Act of 2015, each 
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Federal agency shall establish a system to track each com-
plaint 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 
an employee for an act of discrimination or retaliation pro-
hibited by a provision of law covered by paragraph (1) or 
(2) of section 201(a), the Federal agency shall, after all ap-
peals relating to such action have been exhausted, include 
a notation of the adverse action and the reason for the ac-
tion 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-
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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 organi-
zation; 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 proceeding. 
‘‘SEC. 403. REFERRALS OF FINDINGS OF DISCRIMINATION. 
‘‘(a) EEOC FINDINGS OF DISCRIMINATION.—Not later 
than 30 days after the Equal Employment Opportunity 
Commission issues an appellate decision involving a find-
ing of discrimination or retaliation within a Federal agen-
cy, the Commission may refer the matter to the Office of 
Special Counsel, if the Commission determines that the Fed-
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eral agency did not take appropriate action. The Commis-
sion shall include the number and a brief summary of such 
referrals in the Annual Report on the Federal Work Force 
of the Commission. 
‘‘(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 retalia-
tion. 
‘‘(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 agen-
cy may not take disciplinary action against a Federal em-
ployee for an alleged act of discrimination or retaliation 
referred by the Commission under this section except in ac-
cordance 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: 
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‘‘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. 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’’; 
(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 nondisclosure 
policy, form, or agreement, if such policy, form, or 
agreement prohibits or restricts an employee from dis-
closing 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 regu-
lation, or mismanagement, a gross waste of funds, an 
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abuse of authority, or a substantial, and specific dan-
ger to public health or safety, or any other whistle-
blower protection.’’. 
SEC. 9. DISCIPLINE OF SUPERVISORS BASED ON RETALIA-
TION AGAINST WHISTLEBLOWERS OR DIS-
CRIMINATION. 
(a) IN GENERAL.—Subchapter II of chapter 75 of title 
5, United States Code, is amended by adding at the end 
the following: 
‘‘§ 7515. Discipline of supervisors based on retaliation 
against whistleblowers or discrimination 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘agency’ has the meaning given 
that term under section 2302; 
‘‘(2) the term ‘prohibited personnel action’ 
means— 
‘‘(A) taking or failing to take an action in 
violation of paragraph (1), (8), or (9) of section 
2302(b) against an employee of an agency; or 
‘‘(B) accessing the medical record of another 
employee for the purpose of retaliation for a dis-
closure or activity protected under paragraph (8) 
or (9) of section 2302(b); and 
‘‘(3) the term ‘supervisor’ means a supervisor, as 
defined under section 7103(a), who is employed by an 
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agency, as defined under paragraph (1) of this sub-
section. 
‘‘(b) PROPOSED ADVERSE ACTIONS.— 
‘‘(1) IN
GENERAL.—In accordance with para-
graph (2), the head of an agency shall propose 
against a supervisor whom the head of that agency, 
an administrative law judge, the Merit Systems Pro-
tection Board, the Office of Special Counsel, the 
Equal Employment Opportunity Commission, an ad-
judicating body provided under a union contract, a 
Federal judge, or the Inspector General of the agency 
determines committed a prohibited personnel action 
the following adverse actions: 
‘‘(A) With respect to the first prohibited 
personnel action, an adverse action that is not 
less than a 12-day suspension. 
‘‘(B) With respect to the second prohibited 
personnel action, removal. 
‘‘(2) PROCEDURES.— 
‘‘(A) NOTICE.—A supervisor against whom 
an adverse action under paragraph (1) is pro-
posed is entitled to written notice. 
‘‘(B) ANSWER AND EVIDENCE.— 
‘‘(i) IN GENERAL.—A supervisor who 
is notified under subparagraph (A) that the 
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supervisor is the subject of a proposed ad-
verse action under paragraph (1) is entitled 
to 14 days following such notification to an-
swer and furnish evidence in support of the 
answer. 
‘‘(ii) NO EVIDENCE.—After the end of 
the 14-day period described in clause (i), if 
a supervisor does not furnish evidence as 
described in clause (i) or if the head of the 
agency determines that such evidence is not 
sufficient to reverse the proposed adverse ac-
tion, the head of the agency shall carry out 
the adverse action. 
‘‘(C) SCOPE OF PROCEDURES.—Paragraphs 
(1) and (2) of subsection (b) of section 7513, sub-
section (c) of such section, paragraphs (1) and 
(2) of subsection (b) of section 7543, and sub-
section (c) of such section shall not apply with 
respect to an adverse action carried out under 
this subsection. 
‘‘(c) LIMITATION
ON OTHER ADVERSE ACTIONS.— 
With respect to a prohibited personnel action, if the head 
of the agency carries out an adverse action against a super-
visor under another provision of law, the head of the agency 
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may carry out an additional adverse action under this sec-
tion based on the same prohibited personnel action.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The 
table of sections for subchapter II of chapter 75 of title 5, 
United States Code, is amended by adding at the end the 
following: 
‘‘7515. Discipline of supervisors based on retaliation against whistleblowers or dis-
crimination.’’. 
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Calendar No. 556 
114TH CONGRESS 
2D SESSION 
H. R. 1557 
[Report No. 114–300] 
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. 
JULY 12, 2016 
Reported with an amendment 
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