[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.
                                 <all>