[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 169 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
April 23, 2002.
Resolved, That the bill from the House of Representatives (H.R.
169) entitled ``An Act to require that Federal agencies be accountable
for violations of antidiscrimination and whistleblower protection laws;
to require that each Federal agency post quarterly on its public Web
site, certain statistical data relating to Federal sector equal
employment opportunity complaints filed with such agency; and for other
purposes.'', do pass with the following
AMENDMENTS:
(1)Page 2, line 6, strike out [2001] and insert: 2002
(2)Page 2, in the table of contents, strike out
[TITLE I--GENERAL PROVISIONS]
[Sec. 101. Findings.]
[Sec. 102 Definitions.]
[Sec. 103 Effective date.]
and insert:
TITLE I--GENERAL PROVISIONS
Sec. 101. Findings.
Sec. 102. Sense of Congress.
Sec. 103. Definitions.
Sec. 104. Effective date.
(3)Page 2, in the table of contents, strike out
[Sec. 206 Study by the General Accounting Office regarding exhaustion
of administrative remedies.]
and insert:
Sec. 206. Studies by General Accounting Office on exhaustion of
remedies and certain Department of Justice
costs.
(4)Page 2, strike out all after line 9 over to and including line 13 on
page 4 and insert:
SEC. 101. FINDINGS.
Congress finds that--
(1) Federal agencies cannot be run effectively if those
agencies practice or tolerate discrimination;
(2) Congress has heard testimony from individuals,
including representatives of the National Association for the
Advancement of Colored People and the American Federation of
Government Employees, that point to chronic problems of
discrimination and retaliation against Federal employees;
(3) in August 2000, a jury found that the Environmental
Protection Agency had discriminated against a senior social
scientist, and awarded that scientist $600,000;
(4) in October 2000, an Occupational Safety and Health
Administration investigation found that the Environmental
Protection Agency had retaliated against a senior scientist for
disagreeing with that agency on a matter of science and for
helping Congress to carry out its oversight responsibilities;
(5) there have been several recent class action suits based
on discrimination brought against Federal agencies, including
the Federal Bureau of Investigation, the Bureau of Alcohol,
Tobacco, and Firearms, the Drug Enforcement Administration, the
Immigration and Naturalization Service, the United States
Marshals Service, the Department of Agriculture, the United
States Information Agency, and the Social Security
Administration;
(6) notifying Federal employees of their rights under
discrimination and whistleblower laws should increase Federal
agency compliance with the law;
(7) requiring annual reports to Congress on the number and
severity of discrimination and whistleblower cases brought
against each Federal agency should enable Congress to improve
its oversight over compliance by agencies with the law; and
(8) requiring Federal agencies to pay for any
discrimination or whistleblower judgment, award, or settlement
should improve agency accountability with respect to
discrimination and whistleblower laws.
SEC. 102. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Federal agencies should not retaliate for court
judgments or settlements relating to discrimination and
whistleblower laws by targeting the claimant or other employees
with reductions in compensation, benefits, or workforce to pay
for such judgments or settlements;
(2) the mission of the Federal agency and the employment
security of employees who are blameless in a whistleblower
incident should not be compromised;
(3) Federal agencies should not use a reduction in force or
furloughs as means of funding a reimbursement under this Act;
(4)(A) accountability in the enforcement of employee rights
is not furthered by terminating--
(i) the employment of other employees; or
(ii) the benefits to which those employees are
entitled through statute or contract; and
(B) this Act is not intended to authorize those actions;
(5)(A) nor is accountability furthered if Federal agencies
react to the increased accountability under this Act by taking
unfounded disciplinary actions against managers or by violating
the procedural rights of managers who have been accused of
discrimination; and
(B) Federal agencies should ensure that managers have
adequate training in the management of a diverse workforce and
in dispute resolution and other essential communication skills;
and
(6)(A) Federal agencies are expected to reimburse the
General Fund of the Treasury within a reasonable time under
this Act; and
(B) a Federal agency, particularly if the amount of
reimbursement under this Act is large relative to annual
appropriations for that agency, may need to extend
reimbursement over several years in order to avoid--
(i) reductions in force;
(ii) furloughs;
(iii) other reductions in compensation or benefits
for the workforce of the agency; or
(iv) an adverse effect on the mission of the
agency.
(5)Page 4, line 14, strike out [102.] and insert: 103.
(6)Page 4, line 18, strike out [agency,] and insert: agency;
(7)Page 4, line 21, strike out [303,] and insert: 303;
(8)Page 4, line 25, strike out [Commission,] and insert: Commission;
(9)Page 5, line 2, strike out [agency,] and insert: agency;
(10)Page 5, line 5, strike out [agency,] and insert: agency;
(11)Page 5, line 9, strike out [103.] and insert: 104.
(12)Page 6, line 3, strike out [(c),] and insert: (c);
(13)Page 6, line 19, strike out [of the] and insert: ,
(14)Page 7, line 2, strike out [of the] and insert: ,
(15)Page 7, strike out lines 3 and 4
(16)Page 7, line 14, strike out [law,] and insert: law;
(17)Page 7, line 15, strike out [if to the extent that] and insert:
if, or to the extent that,
(18)Page 8, line 8, after ``ate,'' insert: the Committee on
Governmental Affairs of the Senate, the Committee on Government Reform
of the House of Representatives, each committee of Congress with
jurisdiction relating to the agency,
(19)Page 8, line 14, strike out [alleged,] and insert: alleged;
(20)Page 8, line 16, strike out [(1),] and insert: (1);
(21)Page 8, line 21, strike out [any,] and insert: any;
(22)Page 8, line 25, strike out [(1),] and insert: (1);
(23)Page 9 , line 3, strike out [, and] and insert: ;
(24)Page 9, strike out lines 4 through 14 and insert:
(6) a detailed description of--
(A) the policy implemented by that agency relating
to appropriate disciplinary actions against a Federal
employee who--
(i) discriminated against any individual in
violation of any of the laws cited under
section 201(a) (1) or (2); or
(ii) committed another prohibited personnel
practice that was revealed in the investigation
of a complaint alleging a violation of any of
the laws cited under section 201(a) (1) or (2);
and
(B) with respect to each of such laws, the number
of employees who are disciplined in accordance with
such policy and the specific nature of the disciplinary
action taken;
(7) an analysis of the information described under
paragraphs (1) through (6) (in conjunction with data provided
to the Equal Employment Opportunity Commission in compliance
with part 1614 of title 29 of the Code of Federal Regulations)
including--
(A) an examination of trends;
(B) causal analysis;
(C) practical knowledge gained through experience;
and
(D) any actions planned or taken to improve
complaint or civil rights programs of the agency; and
(8) any adjustment (to the extent the adjustment can be
ascertained in the budget of the agency) to comply with the
requirements under section 201.
(25)Page 9, strike out lines 18 and 19 and insert:
years (or, if data are not available for all 5 fiscal years, for each
of those 5 fiscal years for which data are available).
(26)Page 9, line 23, strike out [title,] and insert: title;
(27)Page 9, strike out all after line 23 over to and including line 6
on page 10 and insert:
(2) rules to require that a comprehensive study be
conducted in the executive branch to determine the best
practices relating to the appropriate disciplinary actions
against Federal employees who commit the actions described
under clauses (i) and (ii) of section 203(a)(6)(A); and
(28)Page 10, line 20, strike out [guidelines,] and insert: guidelines;
(29)Page 10, lines 22 and 23, strike out [guidelines,] and insert:
guidelines;
(30)Page 11, strike out all after line 9 over to and including line 16
on page 12 and insert:
SEC. 206. STUDIES BY GENERAL ACCOUNTING OFFICE ON EXHAUSTION OF
ADMINISTRATIVE REMEDIES AND ON ASCERTAINMENT OF CERTAIN
DEPARTMENT OF JUSTICE COSTS.
(a) Study on Exhaustion of Administrative Remedies.--
(1) Study.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the General Accounting
Office shall conduct a study relating to the effects of
eliminating the requirement that Federal employees
aggrieved by violations of any of the laws specified
under section 201(c) exhaust administrative remedies
before filing complaints with the Equal Employment
Opportunity Commission.
(B) Contents.--The study shall include a detailed
summary of matters investigated, information collected,
and conclusions formulated that lead to determinations
of how the elimination of such requirement will--
(i) expedite handling of allegations of
such violations within Federal agencies and
will streamline the complaint-filing process;
(ii) affect the workload of the Commission;
(iii) affect established alternative
dispute resolution procedures in such agencies;
and
(iv) affect any other matters determined by
the General Accounting Office to be appropriate
for consideration.
(2) Report.--Not later than 90 days after completion of the
study required by paragraph (1), the General Accounting Office
shall submit to the Speaker of the House of Representatives,
the President pro tempore of the Senate, the Equal Employment
Opportunity Commission, and the Attorney General a report
containing the information required to be included in such
study.
(b) Study on Ascertainment of Certain Costs of the Department of
Justice in Defending Discrimination and Whistleblower Cases.--
(1) Study.--Not later than 180 days after the date of
enactment of this Act, the General Accounting Office shall
conduct a study of the methods that could be used for, and the
extent of any administrative burden that would be imposed on,
the Department of Justice to ascertain the personnel and
administrative costs incurred in defending in each case arising
from a proceeding identified under section 201(a) (1) and (2).
(2) Report.--Not later than 90 days after completion of the
study required by paragraph (1), the General Accounting Office
shall submit to the Speaker of the House of Representatives and
the President pro tempore of the Senate a report containing the
information required to be included in the study.
(31)Page 12, after line 16, insert:
(c) Studies on Statutory Effects on Agency Operations.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the General Accounting Office shall
conduct--
(A) a study on the effects of section 201 on the
operations of Federal agencies; and
(B) a study on the effects of section 13 of the
Contract Disputes Act of 1978 (41 U.S.C. 612) on the
operations of Federal agencies.
(2) Contents.--Each study under paragraph (1) shall
include, with respect to the applicable statutes of the study--
(A) a summary of the number of cases in which a
payment was made in accordance with section 2414, 2517,
2672, or 2677 of title 28, United States Code, and
under section 1304 of title 31, United States Code;
(B) a summary of the length of time Federal
agencies used to complete reimbursements of payments
described under subparagraph (A); and
(C) conclusions that assist in making
determinations on how the reimbursements of payments
described under subparagraph (A) will affect--
(i) the operations of Federal agencies;
(ii) funds appropriated on an annual basis;
(iii) employee relations and other human
capital matters;
(iv) settlements; and
(v) any other matter determined by the
General Accounting Office to be appropriate for
consideration.
(3) Reports.--Not later than 90 days after the completion
of each study under paragraph (1), the General Accounting
Office shall submit a report on each study, respectively, to
the Speaker of the House of Representatives, the President pro
tempore of the Senate, the Committee on Governmental Affairs of
the Senate, the Committee on Government Reform of the House of
Representatives, and the Attorney General.
(32)Page 12, after line 16, insert:
(d) Study on Administrative and Personnel Costs Incurred by the
Department of the Treasury.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the General Accounting Office shall
conduct a study on the extent of any administrative and
personnel costs incurred by the Department of the Treasury to
account for payments made in accordance with section 2414,
2517, 2672, or 2677 of title 28, United States Code, and under
section 1304 of title 31, United States Code, as a result of--
(A) this Act; and
(B) the Contracts Dispute Act of 1978 (41 U.S.C.
601 note; Public Law 95-563).
(2) Report.--Not later than 90 days after the completion of
the study under paragraph (1), the General Accounting Office
shall submit a report on the study to the Speaker of the House
of Representatives, the President pro tempore of the Senate,
the Committee on Governmental Affairs of the Senate, the
Committee on Government Reform of the House of Representatives,
and the Attorney General.
Attest:
Secretary.
107th CONGRESS
2d Session
H. R. 169
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AMENDMENTS