H.R. 2500 — what changed
National Defense Authorization Act for Fiscal Year 2020
From Engrossed in House to Placed on Calendar Senate. 8 sections amended between Engrossed in House and Placed on Calendar Senate.
Sec. 123 F–15EX aircraft program
Designation of major subprogram— In accordance with section 2430a of title 10, United States Code, the Secretary of Defense shall designate the F–15EX program as a major subprogram of the F–15 aircraft program.
Limitation— Except as provided in subsection (c), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force may be obligated or expended to procure an F–15EX aircraft until a period of 30 days has elapsed following the date on which the Secretary of the Air Force submits to the congressional defense committees the following documentation relating to the F–15EX program:
A program acquisition strategy.
An acquisition program baseline.
A test and evaluation master plan.
A life-cycle sustainment plan.
A post-production fielding strategy.
Exception for production of prototypes—
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In general— Notwithstanding subsection (b), the Secretary of the Air Force may use the funds described in paragraph (2) to develop, produce, and test not more than two prototypes of the F–15EX aircraft.
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Funds described— The funds described in this paragraph are funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force for any of the following:
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Research and development, nonrecurring engineering.
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Aircraft procurement.
F–15EX program defined— In this section, the term “F–15EX program” means the F–15EX aircraft program of the Air Force as described in the materials submitted to Congress by the Secretary of Defense in support of the budget of the President for fiscal year 2020 (as submitted to Congress under section 1105(a) of title 31, United States Code).
Sec. 132 Program requirements for the F–35 aircraft program
Designation of major subprogram— In accordance with section 2430a of title 10, United States Code, the Secretary of Defense shall designate F–35 Block 4 as a major subprogram of the F–35 aircraft program.
Cost estimates—
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Joint cost estimate— The Secretary of the Air Force and the Secretary of the Navy shall jointly develop a joint service cost estimate for the life-cycle costs of the F–35 aircraft program.
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Independent cost estimate— The Director of Cost Assessment and Program Evaluation shall develop an independent cost estimate for the life-cycle costs of the F–35 aircraft program.
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Submittal to Congress— The cost estimates required under paragraphs (1) and (2) shall be submitted to the congressional defense committees not later than 180 days after the date of the enactment of this Act.
Revision of program elements—
Revision required— The Secretary of Defense shall revise the program elements applicable to the F–35 aircraft program as follows:
Research and development— The program element for research and development costs (as that element was specified in the materials submitted to Congress by the Secretary of Defense in support of the budget of the President for fiscal year 2020 (as submitted to Congress under section 1105(a) of title 31, United States Code)) shall be separated into the following individual program elements:
System development and demonstration closeout.
F–35 Block 4.
Autonomic logistics information system development and upgrades.
Dual-capable aircraft.
Test infrastructure.
Additional program budget elements, as required, for each modernization or upgrade effort initiated after F–35 Block 4.
Procurement— The program element for procurement costs (as that element was specified in the materials submitted to Congress by the Secretary of Defense in support of the budget of the President for fiscal year 2020 (as submitted to Congress under section 1105(a) of title 31, United States Code)) shall be separated into the following individual program elements:
Recurring fly-away and ancillary equipment.
Non-recurring fly-away and ancillary equipment.
F–35 Block 4.
Autonomic logistics information system.
Dual-capable aircraft.
Engineering support.
Aircraft retrofit and modification.
Depot activation.
Initial spares.
Production support.
Inclusion in budget materials— The Secretary of Defense shall ensure that each revised program element described in paragraph (1) is included, with a specific dollar amount, in the materials relating to the F–35 aircraft program submitted to Congress by the Secretary of Defense in support of the budget of the President (as submitted to Congress under section 1105(a) of title 31, United States Code) for fiscal year 2021 and each fiscal year thereafter until the date on which the F–35 aircraft program terminates.
Comptroller General reports—
Annual report required— Not later than 30 days after the date on which the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, for each of fiscal years 2021 through 2025, the Comptroller General of the United States shall submit to the congressional defense committees a report on the F–35 aircraft program.
Elements— Each report under paragraph (1) shall include, with respect to the F–35 aircraft program, the following:
An assessment of the progress of manufacturing processes improvement under the program.
The business case analysis of the Department of Defense for F–35 Block 4 follow-on modernization efforts.
The progress and results of F–35 Block 4 and other follow-on modernization development and testing efforts.
The Department's schedule for delivering software upgrades in six-month, scheduled increments.
The progress and results of any other significant hardware development and fielding efforts necessary for F–35 Block 4.
Any other issues the Comptroller General determines to be appropriate.
F–35 Block 4 defined— In this section, the term “F–35 Block 4” means Block 4 capability upgrades for the F–35 aircraft program as described in the Selected Acquisition Report for the program submitted to Congress in March 2019, pursuant to section 2432 of title 10, United States Code.
Sec. 222 Diversification of the science, technology, research, and engineering workforce of the Department of Defense
Assessment required—
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In general— The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall conduct an assessment of critical skillsets required across the science, technology, research, and engineering workforce of the Department of Defense to support emerging and future warfighter technologies.
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Elements— The assessment required by paragraph (1) shall include analysis of the following:
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The percentage of women and minorities employed in the workforce as of the date of the assessment.
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The percentage of grants, fellowships, and funding awarded to minorities and women.
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The effectiveness of existing hiring and attraction incentives, other encouragements, and required service agreement commitments in attracting and retaining minorities and women in the workforce of the Department after such individuals complete work on Department-funded research projects, grant projects, fellowships, and STEM programs.
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The geographical diversification of the workforce and the operating costs of the workforce across various geographic regions.
Plan required—
In general— Based on the results of the assessment conducted under subsection (a), the Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall develop and implement a plan to diversify and strengthen the science, technology, research, and engineering workforce of the Department of Defense.
Elements— The plan required by paragraph (1) shall—
align with science and technology strategy priorities of the Department of Defense, including the emerging and future warfighter technology requirements identified by the Department;
except as provided in subsection (c)(2), set forth steps for the implementation of each recommendation included in the 2013 report of the RAND corporation titled “First Steps Toward Improving DoD STEM Workforce Diversity”;
harness the full range of the Department’s STEM programs and other Department-sponsored programs to develop and attract top talent;
use existing authorities to attract and retain students, academics, and other talent;
establish and use contracts, agreements, or other arrangements with institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), including historically black colleges and universities and other minority-serving institutions (as described in section 371(a) of such Act (20 U.S.C. 1067q(a)) to enable easy and efficient access to research and researchers for Government-sponsored basic and applied research and studies at each institution, including contracts, agreements, and other authorized arrangements such as those authorized under—
section 217 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note); and
such other authorities as the Secretary determines to be appropriate; and
include recommendations for changes in authorities, regulations, policies, or any other relevant areas, that would support the achievement of the goals set forth in the plan.
Submittal to Congress— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes—
the plan developed under paragraph (1); and
with respect to each recommendation described in paragraph (2)(B) that the Secretary implemented or expects to implement—
a summary of actions that have been taken to implement the recommendation; and
a schedule, with specific milestones, for completing the implementation of the recommendation.
Deadline for implementation—
In general— Except as provided in paragraph (2), not later than 18 months after the date of the enactment of this Act the Secretary of Defense shall carry out activities to implement the plan developed under subsection (b).
Exception for implementation of certain recommendations—
Delayed implementation— The Secretary of Defense may commence implementation of a recommendation described in subsection (b)(2)(B) after the date specified in paragraph (1) if the Secretary provides the congressional defense committees with a specific justification for the delay in implementation of such recommendation on or before such date.
Nonimplementation— The Secretary of Defense may opt not to implement a recommendation described in subsection (b)(2)(B) if the Secretary provides to the congressional defense committees, on or before the date specified in paragraph (1)—
a specific justification for the decision not to implement the recommendation; and
a summary of the alternative actions the Secretary plans to take to address the issues underlying the recommendation.
STEM defined— In this section, the term “STEM” means science, technology, engineering, and mathematics.
Sec. 238 Grants for civics education programs
In general— The Secretary of Defense shall carry out a program under which the Secretary makes grants to eligible entities, on a competitive basis, to support the development and evaluation of civics education programs.
Application— To be eligible to receive a grant under this section an eligible entity shall submit to the Secretary of Defense an application at such time, in such manner, and containing such information as the Secretary may require. Applications submitted under this subsection shall be evaluated on the basis of merit pursuant to competitive procedures prescribed by the Secretary of Defense.
Selection criteria— To be selected to receive a grant under this section an eligible entity shall demonstrate each of the following to the satisfaction of the Secretary:
The civics education program proposed by the entity will include innovative approaches for improving civics education.
The entity will dedicate sufficient resources to the program.
As part of the program, the entity will conduct evaluations in accordance with subsection (f)(1)(B).
The entity will carry out activities to disseminate the results of the evaluations described in such subsection, including publication of the results in peer-reviewed academic journals.
Geographic distribution— To the extent practicable, the Secretary of Defense shall ensure an equitable geographic distribution of grants under this section.
Consultation— In awarding grants under this section, the Secretary of Defense shall consult with the Secretary of Education.
Uses of funds—
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Required uses of funds— An eligible entity that receives a grant under this section shall use such grant—
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to establish a civics education program or to improve an existing civics education program; and
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to evaluate the effect of the program on participants, including with respect to—
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critical thinking and media literacy;
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voting and other forms of political and civic engagement;
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interest in employment, and careers, in public service;
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understanding of United States law, history, and Government; and
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the ability of participants to collaborate and compromise with others to solve problems.
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Allowable uses of funds— An eligible entity that receives a grant under this section may use such grant for—
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the development or modification of curricula relating to civics education;
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classroom activities, thesis projects, individual or team projects, internships, or community service activities relating to civics;
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collaboration with government entities, nonprofit organizations, or consortia of such entities and organizations to provide participants with civics-related experiences;
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civics-related faculty development programs;
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recruitment of educators who are highly qualified in civics education to teach civics or to assist with the development of curricula for civics education;
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presentation of seminars, workshops, and training for the development of skills associated with civic engagement;
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activities that enable participants to interact with government officials and entities;
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expansion of civics education programs and outreach for members of the Armed Forces, dependents and children of such members and employees of the Department of Defense; and
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opportunities for participants to obtain work experience in fields relating to civics.
Definitions— In this section:
The term “civics education program” means an educational program that provides participants with—
knowledge of law, government, and the rights of citizens; and
skills that enable participants to responsibly participate in democracy.
The term “eligible entity” means a Department of Defense domestic dependent elementary or secondary school (as described in section 2164 of title 10, United States Code).
Sec. 330C Comptroller General study on PFAS contamination
Study required— The Comptroller General of the United States shall conduct a review of the efforts of the Department of Defense to clean up per- and polyfluoroalkyl substances (in this section referred to as “PFAS”) contamination in and around military bases as well as the Department’s efforts to mitigate the public health impact of the contamination.
Elements— The study required by subsection (a), shall include the following:
An assessment of—
when the Department of Defense discovered that drinking water sources used by members of the Armed Forces and residents of communities surrounding military bases were contaminated with PFAS;
after learning that the drinking water was contaminated, when the Department of Defense notified members of the Armed Forces and residents of communities surrounding military bases that their drinking water is contaminated with PFAS;
after providing such notification, how much time lapsed before those affected were given alternative sources of drinking water;
the number of installations and surrounding communities currently drinking water that is contaminated with PFAS above the EPA’s advisory limit;
the amount of money the Department of Defense has spent on cleaning up PFAS contamination through the date of enactment of this Act;
the number of sites where the Department of Defense has taken action to remediate PFAS contamination or other materials as a result of the use of firefighting foam on military bases;
factors that might limit or prevent the Department of Defense from remediating PFAS contamination or other materials as a result of the use of firefighting foam on military bases;
the estimated total cost of clean-up of PFAS;
the cost to the Department of Defense to discontinue the use of PFAS in firefighting foam and to develop and procure viable replacements that meet military specifications; and
the number of members of the Armed Forces who have been exposed to PFAS in their drinking water above the EPA’s Health Advisory levels during their military service.
An evaluation of what the Department of Defense could have done better to mitigate the release of PFAS contamination into the environment and expose service members.
Any other elements the Comptroller General may deem necessary.
Results—
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Interim briefing— Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall provide to the congressional defense committees, the Committee on Energy and Commerce of the House of Representatives and the Committee on the Environment and Public Works of the Senate a briefing on the preliminary findings of the study required by this section.
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Final results— The Comptroller General shall provide the final results of the study required by this section to the congressional defense committees, the Committee on Energy and Commerce of the House of Representatives and the Committee on the Environment and Public Works of the Senate at such time and in such format as is mutually agreed upon by the committees and the Comptroller General at the time of briefing under paragraph (1).
Sec. 330G Detection of perfluorinated compounds
Performance standard for the detection of perfluorinated compounds—
In General— The Director of the United States Geologic Survey shall establish a performance standard for the detection of perfluorinated compounds.
Emphasis—
In general— In developing the performance standard under subsection (a), the Director shall emphasize the ability to detect as many perfluorinated compounds present in the environment as possible using analytical methods that are as sensitive as is feasible and practicable.
Requirement— In developing the performance standard under subsection (a), the Director may—
develop quality assurance and quality control measures to ensure accurate sampling and testing;
develop a training program with respect to the appropriate method of sample collection and analysis of perfluorinated compounds; and
coordinate as necessary with the Administrator to develop methods to detect individual and different perfluorinated compounds simultaneously.
Nationwide sampling—
In General— The Director shall carry out a nationwide sampling to determine the concentration of perfluorinated compounds in estuaries, lakes, streams, springs, wells, wetlands, rivers, aquifers, and soil using the performance standard developed under subsection (a)(1).
Requirements— In carrying out the sampling under paragraph (1), the Director shall—
first carry out the sampling at sources of drinking water near locations with known or suspected releases of perfluorinated compounds;
when carrying out sampling of sources of drinking water under paragraph (1), carry out the sampling prior to any treatment of the water;
survey for ecological exposure to perfluorinated compounds, with a priority in determining direct human exposure through drinking water; and
consult with—
States to determine areas that are a priority for sampling; and
the Administrator—
to enhance coverage of the sampling; and
to avoid unnecessary duplication.
Report— Not later than 150 days after the completion of the sampling under paragraph (1), the Director shall prepare a report describing the results of the sampling and submit the report to—
the Committee on Environment and Public Works and the Committee on Energy and Natural Resources of the Senate;
the Committee on Natural Resources and the Committee on Energy and Commerce of the House of Representatives;
the Senators of each State in which the Director carried out the sampling; and
each Member of the House of Representatives that represents a district in which the Director carried out the sampling.
Data usage—
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In General— The Director shall provide the sampling data collected under subsection (b) to—
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the Administrator of the Environmental Protection Agency; and
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other Federal and State regulatory agencies on request.
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Usage— The sampling data provided under subsection (a) shall be used to inform and enhance assessments of exposure, likely health and environmental impacts, and remediation priorities.
Collaboration— In carrying out this section, the Director shall collaborate with—
appropriate Federal and State regulators;
institutions of higher education;
research institutions; and
other expert stakeholders.
Authority for transfer of funds— Of the funds authorized to be appropriated by section 301, the Secretary of Defense may, without regard to section 2215 of title 10, United States Code, transfer not more than $5,000,000 to the Secretary of the Interior to carry out nationwide sampling under this section. Any funds transferred under this section may not be used for any other purpose, except those specified under this section.
Funding—
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301, as specified in the corresponding funding table in section 4301, Total Operation and Maintenance, Defense-Wide, Line 080, for the Detection of Perfluorinated Compounds is hereby increased by $5,000,000.
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for Procurement of Wheeled and Tracked Combat Vehicles, Army, as specified in the corresponding funding table in section 4101, for Bradley Program (Mod) is hereby reduced by $5,000,000.
Definitions— In this section:
The term “Administrator” means the Administrator of the Environmental Protection Agency.
The term “Director” means the Director of the United States Geological Survey.
The term “perfluorinated compound” means a perfluoroalkyl substance or a polyfluoroalkyl substance that is manmade with at least 1 fully fluorinated carbon atom.
The term “fully fluorinated carbon atom” means a carbon atom on which all the hydrogen substituents have been replaced by fluorine.
The term “nonfluorinated carbon atom” means a carbon atom on which no hydrogen substituents have been replaced by fluorine.
The term “partially fluorinated carbon atom” means a carbon atom on which some, but not all, of the hydrogen substituents have been replaced by fluorine.
The term “perfluoroalkyl substance” means a manmade chemical of which all of the carbon atoms are fully fluorinated carbon atoms.
The term “polyfluoroalkyl substance” means a manmade chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.
Sec. 922 Transfer of personnel, functions, and assets to the Space Corps
Transfers—
added
Transfer of military personnel—
removed
Transfer of military personnel—
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In general— The Secretary of Defense shall, during the transition period, transfer all covered military personnel to the Space Corps.
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Retention in grade and status— Covered military personnel transferred to the Space Corps pursuant to subparagraph (A) shall retain the grade and date of obtaining such grade that the individual person had before the date of the transfer unless otherwise altered or terminated in accordance with law.
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Transfer of functions— Except as otherwise directed by the Secretary of Defense, all functions, assets, and obligations of the space elements of the Air Force (including all property, records, installations, activities, facilities, agencies, and projects of such elements) shall be transferred to the Space Corps.
Conforming repeal—
In general— Chapter 135 of title 10, United States Code, is amended by striking section 2279c.
Clerical amendment— The table of sections at the beginning of such chapter is amended by striking the item relating to section 2279c.
Effective date— The amendments made by paragraphs (1) and (2) shall take effect on the date on which the transition period terminates, as determined by the Secretary of Defense in accordance with subsection (c), which date shall be not later than December 30, 2023.
Notice to Congress— Not later than 30 days before the date on which the transition period terminates, the Secretary of Defense shall submit to the congressional defense committees a certification that identifies the date on which transition period will terminate.
Definitions— In this section:
The term “covered military personnel” means commissioned officers and enlisted members of the space elements of the Air Force who are assigned to such elements as of the date on which such officers and members are transferred under subsection (a)(1).
The term “transition period” means a period prescribed by the Secretary of Defense that—
begins on January 1, 2021; and
ends not later than December 30, 2023.
Sec. 1110 Enhancement of antidiscrimination protections for Federal employees
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—
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;”
in paragraph (5)(A)—
by striking “nor is accountability” and inserting “but accountability is not”; and
by inserting “for what by law the agency is responsible” after “under this Act”.
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 agency subject to the finding shall provide notice for at least 1 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 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).”
Reporting requirements—
Electronic format requirement—
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 “Homeland Security and” before “Governmental Affairs”;
by inserting “Oversight and” before “Government Reform”; and
by inserting “(in an electronic format prescribed by the Office of Personnel Management)” after “an annual report”.
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.
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).
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.”
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—
in paragraph (9)—
in subparagraph (A), by striking “and” at the end;
in subparagraph (B)(ii), by striking the period at the end and inserting “, and”; and
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 action as a result of the finding.”
by adding at the end the following:
“(11) Data regarding each class action complaint filed against the 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.”
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)”.
Notification and Federal Employee Antidiscrimination and Retaliation Act amendments—
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:
“207. Complaint tracking
“Not later than 1 year after the date of enactment of the Federal Employee Antidiscrimination 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 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.
“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 or 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 such action have been exhausted, include a notation of the adverse action and the reason for the action in the employee’s personnel record.”
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:
“IV Processing and referral
“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.
“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.
“403. 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 agency.
“404. 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 shall refer the matter to the Office 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 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.”
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—
by inserting after the item relating to section 206 the following:
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by adding at the end the following:
Nondisclosure agreement limitation— Section 2302(b) of title 5, United States Code, is amended—
in paragraph (13)—
by inserting “or the Office of Special Counsel” after “Inspector General”;
by striking “implement” and inserting “(A) implement”; and
by striking the period that follows the quoted material and inserting “; or”; and
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.”