,,ii ,calendar ,no4 #ccj #aafth ,,congress #ast ,session ,h4 ,r4 #ace ,report ,no4 #aaf-agf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #af1 #bjai ,received2 read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,december #af1 #bjai,reported by ,mr4 ,johnson1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,,an ,,act ,to amend the ,notification and ,federal ,employee ,antidiscrimination and ,retaliation ,act of #bjjb to strengthen ,federal antidiscrimination laws enforced by the ,equal ,employment ,opportunity ,commission and expand accountability within the ,federal ,government1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,federal ,employee ,antidiscrimination ,act of #bjai4 #b4 ,sense of ,congress ,section #ajb of the ,notification and ,federal ,employee ,antidiscrimination and ,retaliation ,act of #bjjb 7#e ,u4,s4,c4 #bcja note7 is amended-- 7#a7 in paragraph 7#d71 to read as follows3 7#d7 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 acts2 2 and 7#b7 in paragraph 7#e77;,a7-- 7,a7 by striking nor is accountability and inserting but accountability is not2 and 7,b7 by inserting for what by law the agency is responsible after under this ,act4 #c4 ,notification of ,violation ,section #bjb of the ,notification and ,federal ,employee ,antidiscrimination and ,retaliation ,act of #bjjb 7#e ,u4,s4,c4 #bcja note7 is amended by adding at the end the following3 7d7 ,notification of final agency action 7#a7 ,not later than #cj 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 paragraph 7#a7 or 7#b7 of section #bja7;a71 as applicable1 the head of the agency subject to the finding shall provide notice for at least #a year on the agency's internet website 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 made4 7#b7 ,the notification shall identify the date the finding was made1 the date or dates on which the discriminatory or retaliatory act or acts occurred1 and the law or laws violated by the discriminatory or retaliatory act or acts4 ,the notification shall also advise ,federal employees of the rights and protections available under the respective provisions of law covered by paragraph 7#a7 or 7#b7 of section #bja7;a74 4 #d4 ,reporting requirements 7a7 ,electronic format requirement 7#a7 ,in general ,section #bjc7;a7 of the ,notification and ,federal ,employee ,antidiscrimination and ,retaliation ,act of #bjjb 7#e ,u4,s4,c4 #bcja note7 is amended-- 7,a7 by inserting ,homeland ,security and before ,governmental ,affairs2 7,b7 by inserting ,oversight and before ,government ,reform2 and 7,c7 by inserting 7in an electronic format prescribed by the ,office of ,personnel ,management7 after an annual report4 7#b7 ,effective date ,the amendment made by paragraph 7#a77;,c7 shall take effect on the date that is #a year after the date of enactment of this ,act4 7#c7 ,transition period ,notwithstanding the requirements of section #bjc7;a7 of the ,notification and ,federal ,employee ,antidiscrimination and ,retaliation ,act of #bjjb 7#e ,u4,s4,c4 #bcja note71 the report required under such section may be submitted in an electronic format1 as prescribed by the ,office of ,personnel ,management1 during the period beginning on the date of enactment of this ,act and ending on the effective date in paragraph 7#b74 7b7 ,reporting requirement for disciplinary action ,section #bjc of such ,act is amended by adding at the end the following3 7c7 ,disciplinary action report ,not later than #fj 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 violation of a provision of law covered by paragraph 7#a7 or 7#b7 of section #bja7;a71 as applicable1 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 violation4 4 #e4 ,data to be posted by employing ,federal agencies ,section #cja7;b7 of the ,notification and ,federal ,employee ,antidiscrimination and ,retaliation ,act of #bjjb 7#e ,u4,s4,c4 #bcja note7 is amended-- 7#a7 in paragraph 7#i7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 7,b7 in subparagraph 7,b77ii71 by striking the period at the end and inserting 1 and2 and 7,c7 by adding at the end the following3 7,c7 for each such finding counted under subparagraph 7,a71 the agency shall specify-- 7i7 the date of the finding2 7ii7 the affected agency2 7iii7 the law violated2 and 7iv7 whether a decision has been made regarding necessary disciplinary action as a result of the finding4 2 and 7#b7 by adding at the end the following3 7#aa7 ,data regarding each class action complaint filed against the agency alleging discrimination or retaliation1 including-- 7,a7 information regarding the date on which each complaint was filed2 7,b7 a general summary of the allegations alleged in the complaint2 7,c7 an estimate of the total number of plaintiffs joined in the complaint if known2 7,d7 the current status of the complaint1 including whether the class has been certified2 and 7,e7 the case numbers for the civil actions in which discrimination or retaliation has been found4 4 #f4 ,data to be posted by the equal employment opportunity commission ,section #cjb7;b7 of the ,notification and ,federal ,employee ,antidiscrimination and ,retaliation ,act of #bjjb 7#e ,u4,s4,c4 #bcja note7 is amended by striking 7#aj7 and inserting 7#aa74 #g4 ,notification and ,federal ,employee ,antidiscrimination and ,retaliation ,act amendments 7a7 ,notification requirements ,the ,notification and ,federal ,employee ,antidiscrimination and ,retaliation ,act of #bjjb 7#e ,u4,s4,c4 #bcja note7 is amended by adding after section #bjf the following3 #bjg4 ,complaint tracking ,not later than #a year after the date of enactment of the ,federal ,employee ,antidiscrimination ,act of #bjai1 each ,federal agency shall establish a system to track each complaint of discrimination arising under section #bcjb7;b77#a7 of title #e1 ,united ,states ,code1 and adjudicated through the ,equal ,employment ,opportunity process from inception to resolution of the complaint1 including whether a decision has been made regarding necessary disciplinary action as the result of a finding of discrimination4 #bjh4 ,notation in personnel record ,if a ,federal agency takes an adverse action covered under section #geab of title #e1 ,united ,states ,code1 against a ,federal employee for an act of discrimination or retaliation prohibited by a provision of law covered by paragraph 7#a7 or 7#b7 of section #bja7;a71 the agency shall1 after all appeals relating to such action have been exhausted1 include a notation of the adverse action and the reason for the action in the employee's personnel record4 4 7b7 ,processing and ,referral ,the ,notification and ,federal ,employee ,antidiscrimination and ,retaliation ,act of #bjjb 7#e ,u4,s4,c4 #bcja note7 is amended by adding at the end the following3 ,,iv ,processing and referral #dja4 ,processing and resolution of complaints ,each ,federal agency is responsible for the fair1 impartial processing and resolution of complaints of employment discrimination and retaliation arising in the ,federal administrative process and shall establish a model ,equal ,employment ,opportunity ,program that-- 7#a7 is not under the control1 either structurally or practically1 of a ,human ,capital or ,general ,counsel office2 7#b7 is devoid of internal conflicts of interest and ensures fairness and inclusiveness within the organization2 and 7#c7 ensures the efficient and fair resolution of complaints alleging discrimination or retaliation4 #djb4 ,no limitation on ,human ,capital or ,general ,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 processing and resolution of a complaint1 including providing legal representation to a ,federal agency in any proceeding4 #djc4 ,head of ,program reports to head of agency ,the head of each ,federal agency's ,equal ,employment ,opportunity ,program shall report directly to the head of the agency4 #djd4 ,referrals of findings of discrimination 7a7 ,,eeoc findings of discrimination ,not later than #cj days after the ,equal ,employment ,opportunity ,commission issues an appellate decision involving a finding of discrimination or retaliation within a ,federal agency1 the ,commission shall refer the matter to the ,office of ,special ,counsel4 7b7 ,referrals to special counsel ,the ,office of ,special ,counsel shall accept and review a referral from the ,commission under subsection 7a7 for purposes of seeking disciplinary action under its authority against a ,federal employee who commits an act of discrimination or retaliation4 7c7 ,notification ,the ,office of ,special ,counsel shall notify the ,commission in a case in which the ,office of ,special ,counsel initiates disciplinary action4 7d7 ,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 #abad7;f7 of title #e1 ,united ,states ,code4 4 7c7 ,conforming amendments ,the table of contents in section #a7;b7 of the ,notification and ,federal ,employee ,antidiscrimination and ,retaliation ,act of #bjjb 7#e ,u4,s4,c4 #bcja note7 is amended-- 7#a7 by inserting after the item relating to section #bjf the following3 ,sec4 #bjg4 ,complaint tracking4,sec4 #bjh4 ,notation in personnel record4 2 and 7#b7 by adding at the end the following3 ,title ,,iv--,processing and referral,sec4 #dja4 ,processing and resolution of complaints4,sec4 #djb4 ,no limitation on ,human ,capital or ,general ,counsel advice4,sec4 #djc4 ,head of ,program reports to head of agency4,sec4 #djd4 ,referrals of findings of discrimination4 4 #h4 ,nondisclosure agreement limitation ,section #bcjb7;b7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#ac7-- 7,a7 by inserting or the ,office of ,special ,counsel after ,inspector ,general2 7,b7 by striking implement and inserting 7,a7 implement2 and 7,c7 by striking the period that follows the quoted material and inserting 2 or2 and 7#b7 by adding after subparagraph 7,a71 as added by paragraph 7#a77;,b71 and preceding the flush left matter that follows paragraph 7#ac71 the following3 7,b7 implement or enforce any nondisclosure policy1 form1 or agreement1 if such policy1 form1 or agreement prohibits or restricts an employee from disclosing to ,congress1 the ,office of ,special ,counsel1 or an ,office of the ,inspector ,general any information that relates to any violation of any law1 rule1 or regulation1 or mismanagement1 a gross waste of funds1 an abuse of authority1 or a substantial1 and specific danger to public health or safety1 or any other whistleblower protection4 4 #a4 ,short title ,this ,act may be cited as the ,elijah ,e4 ,cummings ,federal ,employee ,antidiscrimination ,act of #bjai4 #b4 ,sense of ,congress ,section #ajb of the ,notification and ,federal ,employee ,antidiscrimination and ,retaliation ,act of #bjjb 7#e ,u4,s4,c4 #bcja note7 is amended-- 7#a7 by striking paragraph 7#d7 and inserting the following3 7#d7 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 intentionally committed discriminatory 7including retaliatory7 acts2 2 and 7#b7 in paragraph 7#e77;,a7-- 7,a7 by striking nor is accountability and inserting accountability is not2 and 7,b7 by inserting for what1 by law1 the agency is responsible after under this ,act4 #c4 ,notification of violation ,section #bjb of the ,notification and ,federal ,employee ,antidiscrimination and ,retaliation ,act of #bjjb 7#e ,u4,s4,c4 #bcja note7 is amended by adding at the end the following3 7d7 ,notification of final agency action 7#a7 ,in general ,not later than #ij days after the date on which an event described in paragraph 7#b7 occurs with respect to a finding of discrimination 7including retaliation71 the head of the ,federal agency subject to the finding shall provide notice-- 7,a7 on the public internet website of the agency1 in a clear and prominent location linked directly from the home page of that website2 7,b7 stating that a finding of discrimination 7including retaliation7 has been made2 and 7,c7 which shall remain posted for not less than #a year4 7#b7 ,events described ,an event described in this paragraph is any of the following3 7,a7 ,all appeals of a final action by a ,federal agency involving a finding of discrimination 7including retaliation7 prohibited by a provision of law covered by paragraph 7#a7 or 7#b7 of section #bja7;a7 have been exhausted4 7,b7 ,all appeals of a final decision by the ,equal ,employment ,opportunity ,commission involving a finding of discrimination 7including if the finding included a finding of retaliation7 prohibited by a provision of law covered by paragraph 7#a7 or 7#b7 of section #bja7;a7 have been exhausted4 7,c7 ,a court of jurisdiction issues a final judgment involving a finding of discrimination 7including retaliation7 prohibited by a provision of law covered by paragraph 7#a7 or 7#b7 of section #bja7;a74 7#c7 ,contents ,a notification provided under paragraph 7#a7 with respect to a finding of discrimination 7including retaliation7 shall-- 7,a7 identify the date on which the finding was made1 the date on which each discriminatory act occurred1 and the law violated by each such discriminatory act2 and 7,b7 advise ,federal employees of the rights and protections available under the provisions of law covered by paragraphs 7#a7 and 7#b7 of section #bja7;a74 4 #d4 ,reporting requirements 7a7 ,electronic format requirement 7#a7 ,in general ,section #bjc7;a7 of the ,notification and ,federal ,employee ,antidiscrimination and ,retaliation ,act of #bjjb 7#e ,u4,s4,c4 #bcja note7 is amended1 in the matter preceding paragraph 7#a7-- 7,a7 by inserting ,homeland ,security and before ,governmental ,affairs2 7,b7 by striking on ,government ,reform and inserting on ,oversight and ,reform2 and 7,c7 by inserting 7in an electronic format prescribed by the ,director of the ,office of ,personnel ,management71 after an annual report4 7#b7 ,effective date ,the amendment made by paragraph 7#a77;,c7 shall take effect on the date that is #a year after the date of enactment of this ,act4 7#c7 ,transition period ,notwithstanding the requirements of section #bjc7;a7 of the ,notification and ,federal ,employee ,antidiscrimination and ,retaliation ,act of #bjjb 7#e ,u4,s4,c4 #bcja note71 the report required under such section #bjc7;a7 may be submitted in an electronic format1 as prescribed by the ,director of the ,office of ,personnel ,management1 during the period beginning on the date of enactment of this ,act and ending on the effective date in paragraph 7#b74 7b7 ,reporting requirement for disciplinary action ,section #bjc of the ,notification and ,federal ,employee ,antidiscrimination and ,retaliation ,act of #bjjb 7#e ,u4,s4,c4 #bcja note7 is amended by adding at the end the following3 7c7 ,disciplinary action report ,not later than #abj days after the date on which a ,federal agency takes final action1 or a ,federal agency receives a final decision issued by the ,equal ,employment ,opportunity ,commission1 involving a finding of discrimination 7including retaliation7 in violation of a provision of law covered by paragraph 7#a7 or 7#b7 of section #bja7;a71 as applicable1 the applicable ,federal agency shall submit to the ,commission a report stating-- 7#a7 whether disciplinary action has been proposed against a ,federal employee as a result of the violation2 and 7#b7 the reasons for any disciplinary action proposed under paragraph 7#a74 4 #e4 ,data to be posted by employing ,federal agencies ,section #cja7;b7 of the ,notification and ,federal ,employee ,antidiscrimination and ,retaliation ,act of #bjjb 7#e ,u4,s4,c4 #bcja note7 is amended-- 7#a7 in paragraph 7#i7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 7,b7 in subparagraph 7,b77ii71 by striking the period at the end and inserting 1 and2 and 7,c7 by adding at the end the following3 7,c7 with respect to each finding described in subparagraph 7,a7-- 7i7 the date of the finding1 7ii7 the affected ,federal agency1 7iii7 the law violated1 and 7iv7 whether a decision has been made regarding disciplinary action as a result of the finding4 2 and 7#b7 by adding at the end the following3 7#aa7 ,data regarding each class action complaint filed against the agency alleging discrimination 7including retaliation71 including-- 7,a7 information regarding the date on which each complaint was filed1 7,b7 a general summary of the allegations alleged in the complaint1 7,c7 an estimate of the total number of plaintiffs joined in the complaint1 if known1 7,d7 the current status of the complaint1 including whether the class has been certified1 and 7,e7 the case numbers for the civil actions in which discrimination 7including retaliation7 has been found4 4 #f4 ,data to be posted by the equal employment opportunity commission ,section #cjb7;b7 of the ,notification and ,federal ,employee ,antidiscrimination and ,retaliation ,act of #bjjb 7#e ,u4,s4,c4 #bcja note7 is amended by striking 7#aj7 and inserting 7#aa74 #g4 ,notification and ,federal ,employee ,antidiscrimination and ,retaliation ,act of #bjjb amendments 7a7 ,notification requirements ,title ,,ii of the ,notification and ,federal ,employee ,antidiscrimination and ,retaliation ,act of #bjjb 7#e ,u4,s4,c4 #bcja note7 is amended by adding at the end the following3 #bjg4 ,complaint tracking ,not later than #a year after the date of enactment of the ,elijah ,e4 ,cummings ,federal ,employee ,antidiscrimination ,act of #bjai1 each ,federal agency shall establish a system to track each complaint of discrimination arising under section #bcjb7;b77#a7 of title #e1 ,united ,states ,code1 and adjudicated through the ,equal ,employment ,opportunity process from the filing of a complaint with the ,federal agency to resolution of the complaint1 including whether a decision has been made regarding disciplinary action as the result of a finding of discrimination4 #bjh4 ,notation in personnel record ,if a ,federal agency takes an adverse action covered under section #geab of title #e1 ,united ,states ,code1 against a ,federal employee for an act of discrimination 7including retaliation7 prohibited by a provision of law covered by paragraph 7#a7 or 7#b7 of section #bja7;a71 the agency shall1 after all appeals relating to that action have been exhausted1 include a notation of the adverse action and the reason for the action in the personnel record of the employee4 4 7b7 ,processing and ,referral ,the ,notification and ,federal ,employee ,antidiscrimination and ,retaliation ,act of #bjjb 7#e ,u4,s4,c4 #bcja note7 is amended by adding at the end the following3 ,,iv ,processing and referral #dja4 ,processing and resolution of complaints ,each ,federal agency shall-- 7#a7 be responsible for the fair and impartial processing and resolution of complaints of employment discrimination 7including retaliation7 prohibited by a provision of law covered by paragraph 7#a7 or 7#b7 of section #bja7;a72 and 7#b7 establish a model ,equal ,employment ,opportunity ,program that-- 7,a7 is not under the control1 either structurally or practically1 of the agency's ,office of ,human ,capital or ,office of the ,general ,counsel 7or the equivalent72 7,b7 is devoid of internal conflicts of interest and ensures fairness and inclusiveness within the agency2 and 7,c7 ensures the efficient and fair resolution of complaints alleging discrimination 7including retaliation74 #djb4 ,no limitation on advice or counsel ,nothing in this title shall prevent a ,federal agency or a subcomponent of a ,federal agency1 or the ,department of ,justice1 from providing advice or counsel to employees of that agency 7or subcomponent1 as applicable7 in the resolution of a complaint4 #djc4 ,head of ,program supervised by head of agency ,the head of each ,federal agency's ,equal ,employment ,opportunity ,program shall report directly to the head of the agency4 #djd4 ,referrals of findings of discrimination 7a7 ,,eeoc findings of discrimination 7#a7 ,in general ,not later than #cj days after the date on which the ,equal ,employment ,opportunity ,commission 7referred to in this section as the ,commission7 receives1 or should have received1 a ,federal agency report required under section #bjc7;c71 the ,commission may refer the matter to which the report relates to the ,office of ,special ,counsel if the ,commission determines that the ,federal agency did not take appropriate action with respect to the finding that is the subject of the report4 7#b7 ,notifications ,the ,commission shall-- 7,a7 notify the applicable ,federal agency if the ,commission refers a matter to the ,office of ,special ,counsel under paragraph 7#a72 and 7,b7 with respect to a fiscal year1 include in the ,annual ,report of the ,federal ,workforce of the ,commission covering that fiscal year-- 7i7 the number of referrals made under paragraph 7#a7 during that fiscal year2 and 7ii7 a brief summary of each referral described in clause 7i74 7b7 ,referrals to special counsel ,the ,office of ,special ,counsel shall accept and review a referral from the ,commission under subsection 7a77#a7 for purposes of pursuing disciplinary action under the authority of the ,office against a ,federal employee who commits an act of discrimination 7including retaliation74 7c7 ,notification ,the ,office of ,special ,counsel shall notify the ,commission and the applicable ,federal agency in a case in which-- 7#a7 the ,office of ,special ,counsel pursues disciplinary action under subsection 7b72 and 7#b7 the ,federal agency imposes some form of disciplinary action against a ,federal employee who commits an act of discrimination 7including retaliation74 7d7 ,special counsel approval ,a ,federal agency may not take disciplinary action against a ,federal employee for an alleged act of discrimination 7including retaliation7 referred by the ,commission under this section1 except in accordance with the requirements of section #abad7;f7 of title #e1 ,united ,states ,code4 4 7c7 ,conforming amendments ,the table of contents in section #a7;b7 of the ,notification and ,federal ,employee ,antidiscrimination and ,retaliation ,act of #bjjb 7#e ,u4,s4,c4 #bcja note7 is amended-- 7#a7 by inserting after the item relating to section #bjf the following3 ,sec4 #bjg4 ,complaint tracking4,sec4 #bjh4 ,notation in personnel record4 2 and 7#b7 by adding at the end the following3 ,title ,,iv--,processing and referral,sec4 #dja4 ,processing and resolution of complaints4,sec4 #djb4 ,no limitation on advice or counsel4,sec4 #djc4 ,head of ,program supervised by head of agency4,sec4 #djd4 ,referrals of findings of discrimination4 4 #h4 ,nondisclosure agreement limitation ,section #bcjb7;b77#ac7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 by striking agreement does not and inserting the following3 8agreement-- 7,a7 does not 2 7#b7 in subparagraph 7,a71 as so designated1 by inserting or the ,office of ,special ,counsel after ,inspector ,general2 and 7#c7 by adding at the end the following3 7,b7 prohibits or restricts an employee or applicant for employment from disclosing to ,congress1 the ,special ,counsel1 the ,inspector ,general of an agency1 or any other agency component responsible for internal investigation or review any information that relates to any violation of any law1 rule1 or regulation1 or mismanagement1 a gross waste of funds1 an abuse of authority1 or a substantial and specific danger to public health or safety1 or any other whistleblower protection2 or 4 ,december #af1 #bjai,reported with an amendment