(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-
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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. 
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‘‘(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’’; 
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(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.’’. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Elijah E. Cummings 
Federal Employee Antidiscrimination Act of 2019’’. 
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— 
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(1) by striking paragraph (4) and inserting the 
following: 
‘‘(4) accountability in the enforcement of the 
rights of Federal employees is furthered when Federal 
agencies agree to take appropriate disciplinary action 
against Federal employees who are found to have in-
tentionally committed discriminatory (including re-
taliatory) acts;’’; and 
(2) in paragraph (5)(A)— 
(A) by striking ‘‘nor is accountability’’ and 
inserting ‘‘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 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) IN GENERAL.—Not later than 90 days after 
the date on which an event described in paragraph 
(2) occurs with respect to a finding of discrimination 
(including retaliation), the head of the Federal agency 
subject to the finding shall provide notice— 
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‘‘(A) on the public internet website of the 
agency, in a clear and prominent location linked 
directly from the home page of that website; 
‘‘(B) stating that a finding of discrimina-
tion (including retaliation) has been made; and 
‘‘(C) which shall remain posted for not less 
than 1 year. 
‘‘(2) EVENTS DESCRIBED.—An event described in 
this paragraph is any of the following: 
‘‘(A) All appeals of a final action by a Fed-
eral agency involving a finding of discrimina-
tion (including retaliation) prohibited by a pro-
vision of law covered by paragraph (1) or (2) of 
section 201(a) have been exhausted. 
‘‘(B) All appeals of a final decision by the 
Equal Employment Opportunity Commission 
involving a finding of discrimination (including 
if the finding included a finding of retaliation) 
prohibited by a provision of law covered by 
paragraph (1) or (2) of section 201(a) have been 
exhausted. 
‘‘(C) A court of jurisdiction issues a final 
judgment involving a finding of discrimination 
(including retaliation) prohibited by a provision 
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of law covered by paragraph (1) or (2) of section 
201(a). 
‘‘(3) CONTENTS.—A notification provided under 
paragraph (1) with respect to a finding of discrimi-
nation (including retaliation) shall— 
‘‘(A) identify the date on which the finding 
was made, the date on which each discrimina-
tory act occurred, and the law violated by each 
such discriminatory act; and 
‘‘(B) advise Federal employees of the rights 
and protections available under the provisions of 
law covered by paragraphs (1) and (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, in the matter preceding paragraph (1)— 
(A) by inserting ‘‘Homeland Security and’’ 
before ‘‘Governmental Affairs’’; 
(B) by striking ‘‘on Government Reform’’ 
and inserting ‘‘on Oversight and Reform’’; and 
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(C) by inserting ‘‘(in an electronic format 
prescribed by the Director of the Office of Per-
sonnel Management),’’ 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 Retalia-
tion Act of 2002 (5 U.S.C. 2301 note), the report re-
quired under such section 203(a) may be submitted in 
an electronic format, as prescribed by the Director of 
the Office of Personnel Management, during the pe-
riod 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 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 fol-
lowing: 
‘‘(c) DISCIPLINARY ACTION REPORT.—Not later than 
120 days after the date on which a Federal agency takes 
final action, or a Federal agency receives a final decision 
issued by the Equal Employment Opportunity Commission, 
involving a finding of discrimination (including retalia-
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tion) in violation of a provision of law covered by para-
graph (1) or (2) of section 201(a), as applicable, the appli-
cable Federal agency shall submit to the Commission a re-
port stating— 
‘‘(1) whether disciplinary action has been pro-
posed against a Federal employee as a result of the 
violation; and 
‘‘(2) the reasons for any disciplinary action pro-
posed under paragraph (1).’’. 
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) with respect to each finding described 
in subparagraph (A)— 
‘‘(i) the date of the finding, 
‘‘(ii) the affected Federal agency, 
‘‘(iii) the law violated, and 
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‘‘(iv) whether a decision has been made 
regarding 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 agency alleging discrimina-
tion (including 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, in-
cluding whether the class has been certified, and 
‘‘(E) the case numbers for the civil actions 
in which discrimination (including 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 OF 
2002 AMENDMENTS. 
(a) NOTIFICATION REQUIREMENTS.—Title II 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: 
‘‘SEC. 207. COMPLAINT TRACKING. 
‘‘Not later than 1 year after the date of enactment of 
the Elijah E. Cummings Federal Employee Antidiscrimi-
nation 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 the filing of a complaint with the Federal 
agency to resolution of the complaint, including whether a 
decision has been made regarding 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 
a Federal employee for an act of discrimination (including 
retaliation) prohibited by a provision of law covered by 
paragraph (1) or (2) of section 201(a), the agency shall, 
after all appeals relating to that action have been exhausted, 
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