[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1557 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 556
114th CONGRESS
  2d Session
                                H. R. 1557

                          [Report No. 114-300]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2015

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                             July 12, 2016

               Reported by Mr. Johnson, 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 2002 to strengthen Federal antidiscrimination laws 
  enforced by the Equal Employment Opportunity Commission and expand 
 accountability within the Federal government, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Federal Employee 
Antidiscrimination Act of 2015''.</DELETED>

<DELETED>SEC. 2. SENSE OF CONGRESS.</DELETED>

<DELETED>    Section 102 of the Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (4), to read as 
        follows:</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    (2) in paragraph (5)(A)--</DELETED>
                <DELETED>    (A) by striking ``nor is accountability'' 
                and inserting ``but accountability is not''; 
                and</DELETED>
                <DELETED>    (B) by inserting ``for what by law the 
                agency is responsible'' after ``under this 
                Act''.</DELETED>

<DELETED>SEC. 3. NOTIFICATION OF VIOLATION.</DELETED>

<DELETED>    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:</DELETED>
<DELETED>    ``(d) Notification of Final Agency Action.--</DELETED>
        <DELETED>    ``(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 paragraphs (1) or (2) of section 201(a), as 
        applicable, the head of the agency subject to the finding shall 
        provide notice for at least 1 year on the agency's Internet 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.</DELETED>
        <DELETED>    ``(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 protections available under the respective provisions of 
        law covered by paragraphs (1) or (2) of section 
        201(a).''.</DELETED>

<DELETED>SEC. 4. REPORTING REQUIREMENTS.</DELETED>

<DELETED>    (a) Electronic Format Requirement.--</DELETED>
        <DELETED>    (1) In general.--Section 203(a) of the 
        Notification and Federal Employee Antidiscrimination and 
        Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by 
        inserting ``(in an electronic format prescribed by the Office 
        of Personnel Management)'' after ``an annual 
        report''.</DELETED>
        <DELETED>    (2) Effective date.--The amendment made by 
        paragraph (1) shall take effect on the date that is 1 year 
        after the date of enactment of this Act.</DELETED>
        <DELETED>    (3) Transition period.--Notwithstanding the 
        requirements of section 203(a) of the Notification and Federal 
        Employee Antidiscrimination and Retaliation 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 Personnel Management, during the period beginning on 
        the date of enactment of this Act and ending on the effective 
        date in paragraph (2).</DELETED>
<DELETED>    (b) Reporting Requirement for Disciplinary Action.--
Section 203 of such Act is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(c) Disciplinary Action Report.--Not later than 60 days 
after the date on which a Federal agency takes final action or an 
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 paragraphs 
(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.''.</DELETED>

<DELETED>SEC. 5. DATA TO BE POSTED BY EMPLOYING FEDERAL 
              AGENCIES.</DELETED>

<DELETED>    Section 301(b) of the Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (9)--</DELETED>
                <DELETED>    (A) in subparagraph (A), by striking 
                ``and'' at the end;</DELETED>
                <DELETED>    (B) in subparagraph (B)(ii), by striking 
                the period at the end and inserting ``, and''; 
                and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
                <DELETED>    ``(C) for each such finding counted under 
                subparagraph (A), the agency shall specify--</DELETED>
                        <DELETED>    ``(i) the date of the 
                        finding;</DELETED>
                        <DELETED>    ``(ii) the affected 
                        agency;</DELETED>
                        <DELETED>    ``(iii) the law violated; 
                        and</DELETED>
                        <DELETED>    ``(iv) whether a decision has been 
                        made regarding necessary disciplinary action as 
                        a result of the finding.''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(11) Data regarding each class action complaint 
        filed against the agency alleging discrimination or 
        retaliation, including--</DELETED>
                <DELETED>    ``(A) information regarding the date on 
                which each complaint was filed;</DELETED>
                <DELETED>    ``(B) a general summary of the allegations 
                alleged in the complaint;</DELETED>
                <DELETED>    ``(C) an estimate of the total number of 
                plaintiffs joined in the complaint if known;</DELETED>
                <DELETED>    ``(D) the current status of the complaint, 
                including whether the class has been certified; 
                and</DELETED>
                <DELETED>    ``(E) the case numbers for the civil 
                actions in which discrimination or retaliation has been 
                found.''.</DELETED>

<DELETED>SEC. 6. DATA TO BE POSTED BY THE EQUAL EMPLOYMENT OPPORTUNITY 
              COMMISSION.</DELETED>

<DELETED>    Section 302(b) of the Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is 
amended by striking ``(10)'' and inserting ``(11)''.</DELETED>

<DELETED>SEC. 7. NOTIFICATION AND FEDERAL EMPLOYEE ANTIDISCRIMINATION 
              AND RETALIATION ACT AMENDMENTS.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 207. COMPLAINT TRACKING.</DELETED>

<DELETED>    ``Not later than 1 year after the date of enactment of the 
Federal Employee Antidiscrimination Act of 2015, 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 
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.</DELETED>

<DELETED>``SEC. 208. NOTATION IN PERSONNEL RECORD.</DELETED>

<DELETED>    ``If an 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 prohibited by a provision of law 
covered by paragraphs (1) or (2) of section 201(a), the agency shall, 
after all appeals relating to such action have been exhausted, include 
a notation of the adverse action and the reason for the action in the 
employee's personnel record.''.</DELETED>
<DELETED>    (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:</DELETED>

         <DELETED>``TITLE IV--PROCESSING AND REFERRAL</DELETED>

<DELETED>``SEC. 401. PROCESSING AND RESOLUTION OF COMPLAINTS.</DELETED>

<DELETED>    ``Each Federal agency is responsible for the fair, 
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--</DELETED>
        <DELETED>    ``(1) is not under the control, either 
        structurally or practically, of a Human Capital or General 
        Counsel office;</DELETED>
        <DELETED>    ``(2) is devoid of internal conflicts of interest 
        and ensures fairness and inclusiveness within the organization; 
        and</DELETED>
        <DELETED>    ``(3) ensures the efficient and fair resolution of 
        complaints alleging discrimination or retaliation.</DELETED>

<DELETED>``SEC. 402. NO LIMITATION ON HUMAN CAPITAL OR GENERAL COUNSEL 
              ADVICE.</DELETED>

<DELETED>    ``Nothing in this title shall prevent a Federal agency's 
Human Capital or General Counsel office from providing advice or 
counsel to agency personnel on the processing and resolution of a 
complaint, including providing legal representation to an agency in any 
proceeding.</DELETED>

<DELETED>``SEC. 403. HEAD OF PROGRAM REPORTS TO HEAD OF 
              AGENCY.</DELETED>

<DELETED>    ``The head of each Federal agency's Equal Employment 
Opportunity Program shall report directly to the head of the 
agency.</DELETED>

<DELETED>``SEC. 404. REFERRALS OF FINDINGS OF DISCRIMINATION.</DELETED>

<DELETED>    ``(a) EEOC Findings of Discrimination.--Not later than 30 
days after the Equal Employment Opportunity Commission issues an 
appellate decision involving a finding of discrimination or retaliation 
within a Federal agency, the Commission shall refer the matter to the 
Office of Special Counsel.</DELETED>
<DELETED>    ``(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 an Federal employee who commits an act of 
discrimination or retaliation.</DELETED>
<DELETED>    ``(c) Notification.--The Office of Special Counsel shall 
notify the Commission in a case in which the Office of Special Counsel 
initiates disciplinary action.</DELETED>
<DELETED>    ``(d) Special Counsel Approval.--An 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.''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) by inserting after the item relating to 
        section 206 the following:</DELETED>

<DELETED>``Sec. 207. Complaint tracking.
<DELETED>``Sec. 208. Notation in personnel record.'';
        <DELETED>and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>

              <DELETED>``TITLE IV--PROCESSING AND REFERRAL

<DELETED>``Sec. 401. Processing and resolution of complaints.
<DELETED>``Sec. 402. No limitation on Human Capital or General Counsel 
                            advice.
<DELETED>``Sec. 403. Head of Program reports to head of agency.
<DELETED>``Sec. 404. Referrals of findings of discrimination.''.

<DELETED>SEC. 8. NONDISCLOSURE AGREEMENT LIMITATION.</DELETED>

<DELETED>    Section 2302(b) of title 5, United States Code is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (13)--</DELETED>
                <DELETED>    (A) by inserting ``or the Office of 
                Special Counsel'' after ``Inspector 
                General'';</DELETED>
                <DELETED>    (B) by striking ``implement'' and 
                inserting ``(A) implement''; and</DELETED>
                <DELETED>    (C) by striking the period that follows 
                the quoted material and inserting ``; or'';</DELETED>
        <DELETED>    (2) by adding after subparagraph (A), as added by 
        paragraph (1)(B), and preceding the flush left matter that 
        follows paragraph (13), the following:</DELETED>
                <DELETED>    ``(B) implement or enforce any 
                nondisclosure policy, form, or agreement, if such 
                policy, form, or agreement prohibits or restricts an 
                employee from disclosing 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 regulation, or mismanagement, a gross 
                waste of funds, an abuse of authority, or a 
                substantial, and specific danger to public health or 
                safety, or any other whistleblower 
                protection.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Employee Antidiscrimination 
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:
            ``(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 Federal 
                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 paragraph (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 
        agency's Internet Web site in a clear and prominent location 
        linked directly from the Federal 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 protections 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 Notification 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 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 Retaliation 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 
        Personnel 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 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 (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.''.

SEC. 5. DATA TO BE POSTED BY EMPLOYING FEDERAL AGENCIES.

    Section 301(b) of the Notification and Federal Employee 
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 complaint filed 
        against the Federal agency alleging discrimination 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 Employee 
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is 
amended by striking ``(10)'' and inserting ``(11)''.

SEC. 7. NOTIFICATION AND FEDERAL EMPLOYEE ANTIDISCRIMINATION 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 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 
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 prohibited by a provision of law covered 
by paragraph (1) or (2) of section 201(a), the Federal agency shall, 
after all appeals relating to such action have been exhausted, include 
a notation of the adverse action and the reason for the action 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, 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--
            ``(1) is not under the control, either structurally or 
        practically, of a Human Capital or General Counsel office;
            ``(2) is devoid of internal conflicts of interest and 
        ensures fairness and inclusiveness within the organization; and
            ``(3) ensures the efficient and fair resolution of 
        complaints alleging discrimination or retaliation.

``SEC. 402. 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 
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 finding of discrimination or retaliation within a 
Federal agency, the Commission may refer the matter to the Office of 
Special Counsel, if the Commission determines that the Federal agency 
did not take appropriate action. The Commission 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 
retaliation.
    ``(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 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 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 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 disclosing 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 
        regulation, or mismanagement, a gross waste of funds, an abuse 
        of authority, or a substantial, and specific danger to public 
        health or safety, or any other whistleblower protection.''.

SEC. 9. DISCIPLINE OF SUPERVISORS BASED ON RETALIATION AGAINST 
              WHISTLEBLOWERS OR DISCRIMINATION.

    (a) In General.--Subchapter II of chapter 75 of title 5, United 
States Code, is amended by adding at the end the following:
``Sec. 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 
                disclosure 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 agency, as defined 
        under paragraph (1) of this subsection.
    ``(b) Proposed Adverse Actions.--
            ``(1) In general.--In accordance with paragraph (2), the 
        head of an agency shall propose against a supervisor whom the 
        head of that agency, an administrative law judge, the Merit 
        Systems Protection Board, the Office of Special Counsel, the 
        Equal Employment Opportunity Commission, an adjudicating 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 proposed is entitled to 
                written notice.
                    ``(B) Answer and evidence.--
                            ``(i) In general.--A supervisor who is 
                        notified under subparagraph (A) that the 
                        supervisor is the subject of a proposed adverse 
                        action under paragraph (1) is entitled to 14 
                        days following such notification to answer 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 
                        action, 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, subsection (c) of 
                such section, paragraphs (1) and (2) of subsection (b) 
                of section 7543, and subsection (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 supervisor under another provision of law, the 
head of the agency may carry out an additional adverse action under 
this section 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 discrimination.''.
                                                       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 
  enforced by the Equal Employment Opportunity Commission and expand 
 accountability within the Federal government, and for other purposes.

_______________________________________________________________________

                             July 12, 2016

                       Reported with an amendment