[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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