I 
115TH CONGRESS 
1ST SESSION 
H. R. 702 
To amend the Notification and Federal Employee Antidiscrimination and 
Retaliation Act of 2002 to strengthen Federal antidiscrimination laws 
enforced by the Equal Employment Opportunity Commission and expand 
accountability within the Federal Government, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 27, 2017 
Mr. CUMMINGS (for himself, Mr. CHAFFETZ, Ms. NORTON, Mr. SENSEN-
BRENNER, and Ms. JACKSON LEE) introduced the following bill; which 
was referred to the Committee on Oversight and Government Reform 
A BILL 
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. 
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 2017’’. 
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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: 
‘‘(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-
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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 Web site in a clear and prominent location 
linked directly from the agency’s Internet home page 
stating 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 
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 
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(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: 
‘‘(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 
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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— 
‘‘(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 
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(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.’’. 
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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