[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 201 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 201

   To require that Federal agencies be accountable for violations of 
  antidiscrimination and whistleblower protection laws, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 29, 2001

  Mr. Warner introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 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 ``Federal Employee Protection Act of 
2001''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) Federal agencies cannot be run effectively if those 
        agencies practice or tolerate discrimination;
            (2) in August 2000, a jury found that the Environmental 
        Protection Agency had discriminated against a senior social 
        scientist, and awarded that scientist $600,000;
            (3) 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;
            (4) notifying Federal employees of their rights under 
        discrimination and whistleblower statutes should increase 
        agency compliance with the law;
            (5) 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
            (6) penalizing a Federal agency by requiring that agency to 
        pay for any discrimination or whistleblower judgment, award, or 
        settlement should improve agency accountability with respect to 
        whistleblower and discrimination laws.

SEC. 3. DEFINITIONS.

    In this Act--
            (1) the term ``applicant for Federal employment'' means an 
        individual applying for employment in or under a Federal 
        agency;
            (2) the term ``Federal agency'' means an Executive agency 
        as defined under section 105 of title 5, United States Code;
            (3) the term ``Federal employee'' means an individual 
        employed in or under a Federal agency; and
            (4) the term ``former Federal employee'' means an 
        individual formerly employed in or under a Federal agency.

SEC. 4. 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 8.
    (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 or prohibited conduct 
involved is attributable, as determined under section 8.
    (c) Scope.--The provisions of law cited in this subsection are 
section 2302 of title 5, United States Code, 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. 5. NOTIFICATION REQUIREMENT.

    (a) In General.--Written notification of the rights and protections 
available to Federal employees, former Federal employees, and 
applicants for Federal employment in connection with the respective 
provisions of law covered under section 4(a) (1) and (2) 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 8 be required in order to carry out this section.
    (b) Posting on the Internet.--Any written notification under this 
section shall include the posting of the information required under 
subsection (a) (1) or (2) on the Internet site of the Federal agency 
involved.

SEC. 6. REPORTING REQUIREMENT.

    (a) Annual Report.--Each Federal agency shall submit to Congress 
and the Attorney General an annual report that shall include, with 
respect to the prior calendar year--
            (1) the number of cases arising under each of the 
        respective provisions of law covered under section 4(a) (1) or 
        (2) in which discrimination or prohibited conduct on the part 
        of such agency was alleged;
            (2) the status or disposition of cases described under 
        paragraph (1);
            (3) the amount of money required to be reimbursed by such 
        agency under section 4 in connection with each of those cases; 
        and
            (4) the number of employees disciplined for discrimination, 
        retaliation, harassment, or any other infraction of any 
        provision of law referred to under paragraph (1).
    (b) 10-Year Report.--Not later than March 1, 2002, each Federal 
agency shall submit to Congress and the Attorney General a report that 
shall include, with respect to the 10-year period preceding the date of 
enactment of this Act, the information described under subsection (a) 
(1), (2), and (4).

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 law.

SEC. 8. REGULATIONS.

    The President or the designee of the President shall prescribe 
regulations necessary to carry out this Act.
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