[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 169 Referred in Senate (RFS)]

  1st Session
                                H. R. 169


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 3, 2001

  Received; read twice and referred to the Committee on Governmental 
                                Affairs

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Notification and 
Federal Employee Antidiscrimination and Retaliation Act of 2001''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                      TITLE I--GENERAL PROVISIONS

Sec. 101. Findings.
Sec. 102. Definitions.
Sec. 103. Effective date.
       TITLE II--FEDERAL EMPLOYEE DISCRIMINATION AND RETALIATION

Sec. 201. Reimbursement requirement.
Sec. 202. Notification requirement.
Sec. 203. Reporting requirement.
Sec. 204. Rules and guidelines.
Sec. 205. Clarification of remedies.
Sec. 206. Study by General Accounting Office regarding exhaustion of 
                            administrative remedies.
   TITLE III--EQUAL EMPLOYMENT OPPORTUNITY COMPLAINT DATA DISCLOSURE

Sec. 301. Data to be posted by employing Federal agencies.
Sec. 302. Data to be posted by the Equal Employment Opportunity 
                            Commission.
Sec. 303. Rules.

                      TITLE I--GENERAL PROVISIONS

SEC. 101. FINDINGS.

    The Congress finds that--
            (1) Federal agencies cannot be run effectively if they 
        practice or tolerate discrimination,
            (2) the Committee on the Judiciary of the House of 
        Representatives 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, and the United States 
        Marshals Service,
            (6) notifying Federal employees of their rights under 
        discrimination and whistleblower laws 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 judgments, awards, and 
        settlements should improve agency accountability with respect 
        to discrimination and whistleblower laws.

SEC. 102. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``applicant for Federal employment'' means an 
        individual applying for employment in or under a Federal 
        agency,
            (2) the term ``basis of alleged discrimination'' shall have 
        the meaning given such term under section 303,
            (3) the term ``Federal agency'' means an Executive agency 
        (as defined in section 105 of title 5, United States Code), the 
        United States Postal Service, or the Postal Rate Commission,
            (4) the term ``Federal employee'' means an individual 
        employed in or under a Federal agency,
            (5) the term ``former Federal employee'' means an 
        individual formerly employed in or under a Federal agency, and
            (6) the term ``issue of alleged discrimination'' shall have 
        the meaning given such term under section 303.

SEC. 103. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
the 1st day of the 1st fiscal year beginning more than 180 days after 
the date of the enactment of this Act.

       TITLE II--FEDERAL EMPLOYEE DISCRIMINATION AND RETALIATION

SEC. 201. 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 rules issued under section 
        204.
    (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 (excluding any part of such 
appropriation, of such fund, or of such account available for the 
enforcement of any Federal law) available for operating expenses of the 
Federal agency to which the discriminatory conduct involved is 
attributable as determined under section 204.
    (c) Scope.--The provisions of law cited in this subsection are the 
following:
            (1) Section 2302(b) of title 5 of the United States Code, 
        as applied to discriminatory conduct described in paragraphs 
        (1) and (8), or described in paragraph (9) of such section as 
        applied to discriminatory conduct described in paragraphs (1) 
        and (8), of such section.
            (2) The provisions of law specified in section 2302(d) of 
        title 5 of the United States Code.
            (3) The Whistleblower Protection Act of 1986 and the 
        amendments made by such Act.

SEC. 202. 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 201(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 204 be required in order to carry out the 
        requirements 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.
    (c) Employee Training.--Each Federal agency shall provide to the 
employees of such agency training regarding the rights and remedies 
applicable to such employees under the laws cited in section 201(c).

SEC. 203. REPORTING REQUIREMENT.

    (a) Annual Report.--Subject to subsection (b), not later than 180 
days after the end of each fiscal year, each Federal agency 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 an annual report which shall include, with 
respect to the fiscal year--
            (1) the number of cases arising under each of the 
        respective provisions of law covered by paragraphs (1) and (2) 
        of section 201(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 201 in connection with each of such cases, 
        separately identifying the aggregate amount of such 
        reimbursements attributable to the payment of attorneys' fees, 
        if any,
            (4) the number of employees disciplined for discrimination, 
        retaliation, harassment, or any other infraction of any 
        provision of law referred to in paragraph (1),
            (5) the final year-end data posted under section 
        301(c)(1)(B) for such fiscal year (without regard to section 
        301(c)(2)), and
            (6) a detailed description of--
                    (A) the policy implemented by such agency to 
                discipline employees who are determined in any judicial 
                or administrative proceeding to have discriminated 
                against any individual in violation of any of the laws 
                cited in section 201(c), 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.
    (b) First Report.--The 1st report submitted under subsection (a) 
shall include for each item under subsection (a) data for each of the 5 
immediately preceding fiscal years (or, if not available for all 5 
fiscal years, for however many of those 5 fiscal years for which data 
are available).

SEC. 204. RULES AND GUIDELINES.

    (a) Issuance of Rules and Guidelines.--The President (or the 
designee of the President) shall issue--
            (1) rules to carry out this title,
            (2) rules to require that a comprehensive study be 
        conducted in the Executive Branch to determine the best 
        practices for Federal agencies to take appropriate disciplinary 
        actions against Federal employees who are determined in any 
        judicial or administrative proceeding to have discriminated 
        against any individual in violation of any of the laws cited in 
        section 201(c), and
            (3) based on the results of such study, advisory guidelines 
        incorporating best practices that Federal agencies may follow 
        to take such actions against such employees.
    (b) Agency Notification Regarding Implementation of Guidelines.--
Not later than 30 days after the issuance of guidelines under 
subsection (a), each Federal agency 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 
written statement specifying in detail--
            (1) whether such agency has adopted and will fully follow 
        such guidelines,
            (2) if such agency has not adopted such guidelines, the 
        reasons for the failure to adopt such guidelines, and
            (3) if such agency will not fully follow such guidelines, 
        the reasons for the decision not to fully follow such 
        guidelines and an explanation of the extent to which such 
        agency will not follow such guidelines.

SEC. 205. CLARIFICATION OF REMEDIES.

    Consistent with Federal law, nothing in this title shall prevent 
any Federal employee, former Federal employee, or applicant for Federal 
employment from exercising any right otherwise available under the laws 
of the United States.

SEC. 206. STUDY BY GENERAL ACCOUNTING OFFICE REGARDING EXHAUSTION OF 
              ADMINISTRATIVE REMEDIES.

    (a) Study.--Not later than 180 days after the date of the 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 in 
paragraphs (7) and (8) of section 201(c) exhaust administrative 
remedies before filing complaints with the Equal Employment Opportunity 
Commission. Such study shall include a detailed summary of matters 
investigated, of information collected, and of conclusions formulated 
that lead to determinations of how the elimination of such requirement 
will--
            (1) expedite handling of allegations of such violations 
        within Federal agencies and will streamline the complaint-
        filing process,
            (2) affect the workload of the Commission,
            (3) affect established alternative dispute resolution 
        procedures in such agencies, and
            (4) affect any other matters determined by the General 
        Accounting Office to be appropriate for consideration.
    (b) Report.--Not later than 90 days after completion of the study 
required by subsection (a), 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.

   TITLE III--EQUAL EMPLOYMENT OPPORTUNITY COMPLAINT DATA DISCLOSURE

SEC. 301. DATA TO BE POSTED BY EMPLOYING FEDERAL AGENCIES.

    (a) In General.--Each Federal agency shall post on its public Web 
site, in the time, form, and manner prescribed under section 303 (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 a Federal agency 
under this section shall include, for the then current fiscal year, the 
following:
            (1) The number of complaints filed with such 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 such 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) Of the total number of complaints pending in such 
        fiscal year (as described in the parenthetical matter in 
        paragraph (6)), the total number of complaints with respect to 
        which the agency violated the requirements of section 
        1614.106(e)(2) of title 29 of the Code of Federal Regulations 
        (as in effect on July 1, 2000, and amended from time to time) 
        by failing to conduct within 180 days of the filing of such 
        complaints an impartial and appropriate investigation of such 
        complaints.
    (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 quarterly, 
                and
                    (B) final year-end data.
            (2) Data for prior years.--The data posted by a Federal 
        agency under this section for a fiscal year (both interim and 
        final) shall 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 fiscal years, for however many of those 5 fiscal years 
        for which data are available).

SEC. 302. 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 303 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 301, and
            (2) appeals filed with the Commission from final agency 
        actions on complaints described in section 301.
    (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 301(b), and shall be subject 
to the same timing and other requirements as set forth in section 
301(c).
    (c) Coordination.--The data required under this section shall be in 
addition to the data the Commission is required to post under section 
301 as an employing Federal agency.

SEC. 303. RULES.

    The Equal Employment Opportunity Commission shall issue any rules 
necessary to carry out this title.

            Passed the House of Representatives October 2, 2001.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.