[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 169 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 169
To require that Federal agencies be accountable for violations of
antidiscrimination and whistleblower protection laws, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2001
Mr. Sensenbrenner introduced the following bill; which was referred to
the Committee on Government Reform, and in addition to the Committees
on Energy and Commerce, Transportation and Infrastructure, and the
Judiciary, 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 Federal agencies be accountable for violations of
antidiscrimination and whistleblower protection laws, 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 ``Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2001''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) good science requires a tolerance of opposing
viewpoints;
(2) Federal agencies cannot be run effectively if they
practice or tolerate discrimination;
(3) the Committee on Science of the House of
Representatives has heard testimony from individuals, including
representatives of the National Association for the Advancement
of Colored People and the National Whistleblower Center, that
point to chronic problems of discrimination and retaliation
against Federal employees at the Environmental Protection
Agency;
(4) in August 2000, a jury found that the Environmental
Protection Agency had discriminated against a senior social
scientist, and awarded that scientist $600,000;
(5) 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;
(6) notifying Federal employees of their rights under
discrimination and whistleblower statutes should increase
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 agencies' compliance with the law; and
(8) penalizing Federal agencies by requiring them to pay
for any discrimination or whistleblower judgment, award, or
settlement should improve agency accountability with respect to
whistleblower and discrimination laws.
SEC. 3. REIMBURSEMENT REQUIREMENT.
(a) Applicability.--This section applies with respect to any
payment 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 (relating to judgments, awards, and compromise
settlements) to any Federal employee, former Federal employee, or
applicant for Federal employment, in connection with any proceeding
brought by or on behalf of such employee, former employee, or applicant
under--
(1) any provision of law cited in subsection (c); or
(2) any other provision of law which prohibits any form of
discrimination, as identified under regulations prescribed
under section 6.
(b) Requirement.--An amount equal to the amount of each payment
described in subsection (a) shall be reimbursed to the fund described
in section 1304 of title 31, United States Code, out of any
appropriation, fund, or other account available for operating expenses
of the Federal agency to which the discriminatory conduct involved is
attributable, as determined under section 6.
(c) Scope.--The provisions of law cited in this subsection are
section 322(a) of the Clean Air Act (42 U.S.C. 7622(a)), section 110(a)
of the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9610(a)), section 507(a) of the Federal Water
Pollution Control Act (33 U.S.C. 1367(a)), section 1450(i)(1) of the
Safe Drinking Water Act (42 U.S.C. 300j-9(i)(1)), section 7001(a) of
the Solid Waste Disposal Act (42 U.S.C. 6971(a)), and section 23(a) of
the Toxic Substances Control Act (15 U.S.C. 2622(a)).
SEC. 4. NOTIFICATION REQUIREMENT.
(a) In General.--Written notification of the rights and protections
available to Federal employees, former Federal employees, and
applicants for Federal employment (as the case may be) in connection
with the respective provisions of law covered by paragraphs (1) and (2)
of section 3(a) shall be provided to such employees, former employees,
and applicants--
(1) in accordance with otherwise applicable provisions of
law; or
(2) if to the extent that no such notification would
otherwise be required, in such time, form, and manner as shall
under section 6 be required in order to carry out the purposes
of this section.
(b) Posting on the Internet.--Any written notification under this
section shall include, but not be limited to, the posting of the
information required under paragraph (1) or (2) (as applicable) of
subsection (a) on the Internet site of the Federal agency involved.
SEC. 5. REPORTING REQUIREMENT.
Each Federal agency shall submit to the Congress and the Attorney
General an annual report which shall include, with respect to the prior
calendar year--
(1) the number of cases arising under each of the
respective provisions of law covered by paragraphs (1) and (2)
of section 3(a) in which discrimination on the part of such
agency was alleged;
(2) the status or disposition of cases described in
paragraph (1);
(3) the amount of money required to be reimbursed by such
agency under section 3 in connection with each of those cases,
if any; and
(4) the number of employees disciplined for discrimination,
retaliation, harassment, or any other infraction of any
provision of law referred to in paragraph (1).
SEC. 6. REGULATIONS.
Any regulations necessary to carry out this Act shall be prescribed
by the President or his designee.
SEC. 7. CLARIFICATION OF REMEDIES.
Consistent with Federal law, nothing in this Act shall prevent any
Federal employee, former Federal employee, or applicant for Federal
employment from exercising any right otherwise available under the
United States Code.
SEC. 8. DEFINITIONS.
For purposes of this Act--
(1) the term ``Federal agency'' means an Executive agency,
as defined by section 105 of title 5, United States Code;
(2) the term ``Federal employee'' means an individual
employed in or under a Federal agency;
(3) the term ``former Federal employee'' means an
individual formerly employed in or under a Federal agency; and
(4) the term ``applicant for Federal employment'' means an
individual applying for employment in or under a Federal
agency.
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