include a notation of the adverse action and the reason for 
the action in the personnel record of the employee.’’. 
(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 shall— 
‘‘(1) be responsible for the fair and impartial 
processing and resolution of complaints of employ-
ment discrimination (including retaliation) prohib-
ited by a provision of law covered by paragraph (1) 
or (2) of section 201(a); and 
‘‘(2) establish a model Equal Employment Op-
portunity Program that— 
‘‘(A) is not under the control, either struc-
turally or practically, of the agency’s Office of 
Human Capital or Office of the General Counsel 
(or the equivalent); 
‘‘(B) is devoid of internal conflicts of inter-
est and ensures fairness and inclusiveness within 
the agency; and 
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‘‘(C) ensures the efficient and fair resolution 
of complaints alleging discrimination (including 
retaliation). 
‘‘SEC. 402. NO LIMITATION ON ADVICE OR COUNSEL. 
‘‘Nothing in this title shall prevent a Federal agency 
or a subcomponent of a Federal agency, or the Department 
of Justice, from providing advice or counsel to employees 
of that agency (or subcomponent, as applicable) in the reso-
lution of a complaint. 
‘‘SEC. 403. HEAD OF PROGRAM SUPERVISED BY 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.— 
‘‘(1) IN GENERAL.—Not later than 30 days after 
the date on which the Equal Employment Oppor-
tunity Commission (referred to in this section as the 
‘Commission’) receives, or should have received, a 
Federal agency report required under section 203(c), 
the Commission may refer the matter to which the re-
port relates to the Office of Special Counsel if the 
Commission determines that the Federal agency did 
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not take appropriate action with respect to the find-
ing that is the subject of the report. 
‘‘(2) NOTIFICATIONS.—The Commission shall— 
‘‘(A) notify the applicable Federal agency if 
the Commission refers a matter to the Office of 
Special Counsel under paragraph (1); and 
‘‘(B) with respect to a fiscal year, include 
in the Annual Report of the Federal Workforce 
of the Commission covering that fiscal year— 
‘‘(i) the number of referrals made 
under paragraph (1) during that fiscal 
year; and 
‘‘(ii) a brief summary of each referral 
described in clause (i). 
‘‘(b) REFERRALS TO SPECIAL COUNSEL.—The Office 
of Special Counsel shall accept and review a referral from 
the Commission under subsection (a)(1) for purposes of pur-
suing disciplinary action under the authority of the Office 
against a Federal employee who commits an act of dis-
crimination (including retaliation). 
‘‘(c) NOTIFICATION.—The Office of Special Counsel 
shall notify the Commission and the applicable Federal 
agency in a case in which— 
‘‘(1) the Office of Special Counsel pursues dis-
ciplinary action under subsection (b); and 
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‘‘(2) the Federal agency imposes some form of 
disciplinary action against a Federal employee who 
commits an act of discrimination (including retalia-
tion). 
‘‘(d) SPECIAL COUNSEL APPROVAL.—A Federal agen-
cy may not take disciplinary action against a Federal em-
ployee for an alleged act of discrimination (including retal-
iation) referred by the Commission under this section, ex-
cept in accordance 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: 
‘‘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.’’. 
SEC. 8. NONDISCLOSURE AGREEMENT LIMITATION. 
Section 2302(b)(13) of title 5, United States Code, is 
amended— 
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(1) by striking ‘‘agreement does not’’ and insert-
ing the following: ‘‘agreement— 
‘‘(A) does not’’; 
(2) in subparagraph (A), as so designated, by in-
serting ‘‘or the Office of Special Counsel’’ after ‘‘In-
spector General’’; and 
(3) by adding at the end the following: 
‘‘(B) prohibits or restricts an employee or 
applicant for employment from disclosing to 
Congress, the Special Counsel, the Inspector Gen-
eral of an agency, or any other agency compo-
nent responsible for internal investigation or re-
view any information that relates to any viola-
tion of any law, rule, or regulation, or mis-
management, a gross waste of funds, an abuse of 
authority, or a substantial and specific danger 
to public health or safety, or any other whistle-
blower protection; or’’. 
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Calendar No. 330 
116TH CONGRESS 
1ST SESSION 
H. R. 135 
[Report No. 116–176] 
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. 
DECEMBER 16, 2019 
Reported with an amendment 
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