[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4362 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4362

To require that each Government agency post monthly, on its public Web 
    site, certain statistical data relating to Federal sector equal 
employment opportunity complaints filed with such agency, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 2, 2000

Mr. Scarborough (for himself, Mr. Cummings, and Ms. Norton) introduced 
 the following bill; which was referred to the Committee on Government 
   Reform, and in addition to the Committee on Armed Services, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To require that each Government agency post monthly, on its public Web 
    site, certain statistical data relating to Federal sector equal 
employment opportunity complaints filed with such agency, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equal Employment Opportunity 
Complaint Data Disclosure Act''.

SEC. 2. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``agency'' means an Executive agency, a 
        military department, the United States Postal Service, the 
        Postal Rate Commission, and any other governmental entity 
        (within the jurisdiction of the Equal Employment Opportunity 
        Commission) which the Commission may by regulation specify, but 
        does not include the General Accounting Office;
            (2) the term ``basis of alleged discrimination'' shall have 
        the meaning given such term under section 5; and
            (3) the term ``issue of alleged discrimination'' shall have 
        the meaning given such term under section 5.

SEC. 3. DATA TO BE POSTED BY EMPLOYING AGENCIES.

    (a) In General.--Each agency shall post on its public Web site, in 
the time, form, and manner prescribed under section 5 (in conformance 
with the requirements of this section), summary statistical data 
relating to equal employment opportunity complaints filed with such 
agency by employees or former employees of, or applicants for 
employment with, such agency.
    (b) Content Requirements.--The data posted by an agency under this 
section shall include, for the then current fiscal year, the following:
            (1) The number of complaints filed with the agency in such 
        fiscal year.
            (2) The number of individuals filing those complaints 
        (including as the agent of a class).
            (3) The number of individuals who filed 2 or more of those 
        complaints.
            (4) The number of complaints (described in paragraph (1)) 
        in which each of the various bases of alleged discrimination is 
        alleged.
            (5) The number of complaints (described in paragraph (1)) 
        in which each of the various issues of alleged discrimination 
        is alleged.
            (6) The average length of time, for each step of the 
        process, it is taking the agency to process complaints (taking 
        into account all complaints pending for any length of time in 
        such fiscal year, whether first filed in such fiscal year or 
        earlier). Average times under this paragraph shall be posted--
                    (A) for all such complaints;
                    (B) for all such complaints in which a hearing 
                before an administrative judge of the Equal Employment 
                Opportunity Commission is not requested; and
                    (C) for all such complaints in which a hearing 
                before an administrative judge of the Equal Employment 
                Opportunity Commission is requested.
            (7) The total number of final agency actions rendered in 
        such fiscal year involving a finding of discrimination and, of 
        that number--
                    (A) the number and percentage that were rendered 
                without a hearing before an administrative judge of the 
                Equal Employment Opportunity Commission; and
                    (B) the number and percentage that were rendered 
                after a hearing before an administrative judge of the 
                Equal Employment Opportunity Commission.
            (8) Of the total number of final agency actions rendered in 
        such fiscal year involving a finding of discrimination--
                    (A) the number and percentage involving a finding 
                of discrimination based on each of the respective bases 
                of alleged discrimination; and
                    (B) of the number specified under subparagraph (A) 
                for each of the respective bases of alleged 
                discrimination--
                            (i) the number and percentage that were 
                        rendered without a hearing before an 
                        administrative judge of the Equal Employment 
                        Opportunity Commission; and
                            (ii) the number and percentage that were 
                        rendered after a hearing before an 
                        administrative judge of the Equal Employment 
                        Opportunity Commission.
            (9) Of the total number of final agency actions rendered in 
        such fiscal year involving a finding of discrimination--
                    (A) the number and percentage involving a finding 
                of discrimination in connection with each of the 
                respective issues of alleged discrimination; and
                    (B) of the number specified under subparagraph (A) 
                for each of the respective issues of alleged 
                discrimination--
                            (i) the number and percentage that were 
                        rendered without a hearing before an 
                        administrative judge of the Equal Employment 
                        Opportunity Commission; and
                            (ii) the number and percentage that were 
                        rendered after a hearing before an 
                        administrative judge of the Equal Employment 
                        Opportunity Commission.
            (10)(A) Of the total number of complaints pending in such 
        fiscal year (as described in the parenthetical matter in 
        paragraph (6)), the number that were first filed before the 
        start of the then current fiscal year.
            (B) With respect to those pending complaints that were 
        first filed before the start of the then current fiscal year--
                    (i) the number of individuals who filed those 
                complaints; and
                    (ii) the number of those complaints which are at 
                the various steps of the complaint process.
    (c) Timing and Other Requirements.--
            (1) Current year data.--Data posted under this section for 
        the then current fiscal year shall include both--
                    (A) interim year-to-date data, updated monthly; and
                    (B) final year-end data.
            (2) Data for prior years.--The data posted by an agency 
        under this section for a fiscal year (both interim and final) 
        shall also include, for each item under subsection (b), such 
        agency's corresponding year-end data for each of the 5 
        immediately preceding fiscal years (or, if not available for 
        all 5 years, for however many of those 5 years for which they 
        are available).

SEC. 4. DATA TO BE POSTED BY THE EQUAL EMPLOYMENT OPPORTUNITY 
              COMMISSION.

    (a) In General.--The Equal Employment Opportunity Commission shall 
post on its public Web site, in the time, form, and manner prescribed 
under section 5 for purposes of this section, summary statistical data 
relating to--
            (1) hearings requested before an administrative judge of 
        the Commission on complaints described in section 3; and
            (2) appeals filed with the Commission from final agency 
        actions on complaints described in section 3.
    (b) Specific Requirements.--The data posted under this section 
shall, with respect to the hearings and appeals described in subsection 
(a), include summary statistical data corresponding to that described 
in paragraphs (1) through (10) of section 3(b), and shall be subject to 
the same timing and other requirements as set forth in section 3(c).
    (c) Coordination.--The data required under this section shall be in 
addition to the data the Commission is required to post under section 3 
as an employing agency.

SEC. 5. REGULATIONS.

    The Equal Employment Opportunity Commission shall prescribe any 
regulations necessary to carry out this Act.

SEC. 6. EFFECTIVE DATE.

    This Act shall take effect 6 months after the date of enactment of 
this Act.
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