I

106TH CONGRESS

2D SESSION H. R. 5516

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

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 19, 2000

Mr. SENSENBRENNER (for himself, Ms. JACKSON-LEE of Texas, and Mrs.

MORELLA) introduced the following bill; which was referred to the Committee on Government Reform, and in addition to the Committees on

Commerce, and Transportation and Infrastructure, 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 anti-discrimination and whistleblower protection laws,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Notification and Fed5 eral Employee Anti-discrimination and Retaliation Act of

6 2000’’.
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1 SEC. 2. FINDINGS.

2 The Congress finds that—

3 (1) good science requires a tolerance of oppos4 ing viewpoints;

5 (2) Federal agencies cannot be run effectively if

6 they practice or tolerate discrimination;

7 (3) the Committee on Science of the House of

8 Representatives has heard testimony from individ9 uals, including representatives of the National Asso10 ciation for the Advancement of Colored People and

11 the National Whistleblower Center, that point to

12 chronic problems of discrimination and retaliation

13 against Federal employees at the Environmental

14 Protection Agency;

15 (4) in August 2000, a jury found that the Envi16 ronmental Protection Agency had discriminated

17 against a senior social scientist, and awarded that

18 scientist $600,000;

19 (5) in October 2000, an Occupational Safety

20 and Health Administration investigation found that

21 the Environmental Protection Agency had retaliated

22 against a senior scientist for disagreeing with that

23 agency on a matter of science and for helping Con24 gress to carry out its oversight responsibilities;
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1 (6) notifying Federal employees of their rights

2 under discrimination and whistleblower statutes

3 should increase agency compliance with the law;

4 (7) requiring annual reports to Congress on the

5 number and severity of discrimination and whistle6 blower cases brought against each Federal agency

7 should enable Congress to improve its oversight over

8 agencies’ compliance with the law; and

9 (8) penalizing Federal agencies by requiring

10 them to pay for any discrimination or whistleblower

11 judgment, award, or settlement should improve

12 agency accountability with respect to whistleblower

13 and discrimination laws.

14 SEC. 3. REIMBURSEMENT REQUIREMENT.

15 (a) APPLICABILITY.—This section applies with re16 spect to any payment made under section 1304 of title

17 31, United States Code (relating to judgments, awards,

18 and compromise settlements) to any Federal employee,

19 former Federal employee, or applicant for Federal employ20 ment, in connection with any proceeding brought by or

21 on behalf of such employee, former employee, or applicant

22 under—

23 (1) any provision of law cited in subsection (c);

24 or
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1 (2) any other provision of law which prohibits

2 any form of discrimination, as identified under regu3 lations prescribed under section 6.

4 (b) REQUIREMENT.—An amount equal to the amount

5 of each payment described in subsection (a) shall be reim6 bursed to the fund described in section 1304 of title 31,

7 United States Code, out of any appropriation, fund, or

8 other account available for operating expenses of the Fed9 eral agency to which the discriminatory conduct involved

10 is attributable, as determined under section 6.

11 (c) SCOPE.—The provisions of law cited in this sub12 section are section 322(a) of the Clean Air Act (42 U.S.C.

13 7622(a)), section 110(a) of the Comprehensive Environ14 mental Response, Compensation, and Liability Act (42

15 U.S.C. 9610(a)), section 507(a) of the Federal Water Pol16 lution Control Act (33 U.S.C. 1367(a)), section 1450(i)(1)

17 of the Safe Drinking Water Act (42 U.S.C. 300j–9(i)(1)),

18 section 7001(a) of the Solid Waste Disposal Act (42

19 U.S.C. 6971(a)), and section 23(a) of the Toxic Sub20 stances Control Act (15 U.S.C. 2622(a)).

21 SEC. 4. NOTIFICATION REQUIREMENT.

22 (a) IN GENERAL.—Written notification of the rights

23 and protections available to Federal employees, former

24 Federal employees, and applicants for Federal employ25 ment (as the case may be) in connection with the respec-
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1 tive provisions of law covered by paragraphs (1)–(2) of

2 section 3(a) shall be provided to such employees, former

3 employees, and applicants—

4 (1) in accordance with otherwise applicable pro5 visions of law; or

6 (2) if to the extent that no such notification

7 would otherwise be required, in such time, form, and

8 manner as shall under section 6 be required in order

9 to carry out the purposes of this section.

10 (b) POSTING ON THE INTERNET.—Any written noti11 fication under this section shall include, but not be limited

12 to, the posting of the information required under sub13 section (a)(1) or (2) (as applicable) on the Internet site

14 of the Federal agency involved.

15 SEC. 5. REPORTING REQUIREMENT.

16 Each Federal agency shall submit to Congress an an17 nual report which shall include, with respect to the prior

18 calendar year—

19 (1) the number of cases arising under each of

20 the respective provisions of law covered by para21 graphs (1)–(2) of section 3(a) in which discrimina22 tion on the part of such agency was alleged;

23 (2) the status or disposition of cases described

24 in paragraph (1);
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1 (3) the amount of money required to be reim2 bursed by such agency under section 3 in connection

3 with each of those cases, if any; and

4 (4) the number of employees disciplined for dis5 crimination, retaliation, harassment, or any other in6 fraction of any provision of law referred to in para7 graph (1).

8 SEC. 6. REGULATIONS.

9 Any regulations necessary to carry out this Act shall

10 be prescribed by the President or his designee.

11 SEC. 7. DEFINITIONS.

12 For purposes of this Act—

13 (1) the term ‘‘Federal agency’’ means an Exec14 utive agency, as defined by section 105 of title 5,

15 United States Code;

16 (2) the term ‘‘Federal employee’’ means an in17 dividual employed in or under a Federal agency;

18 (3) the term ‘‘former Federal employee’’ means

19 an individual formerly employed in or under a Fed20 eral agency; and

21 (4) the term ‘‘applicant for Federal employ22 ment’’ means an individual applying for employment

23 in or under a Federal agency.

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