II

Calendar No. 346

107TH CONGRESS

2D SESSION H. R. 169

[Report No. 107–143]

IN THE SENATE OF THE UNITED STATES

OCTOBER 3, 2001

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

APRIL 15, 2002

Reported by Mr. LIEBERMAN, with amendments

[Omit the part struck through and insert the part printed in italic]

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Notification and Federal Employee Antidiscrimination

4 and Retaliation Act of 2001 2002’’.

5 (b) TABLE OF CONTENTS.—The table of contents of

6 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 I—GENERAL PROVISIONS

Sec. 101. Findings.

Sec. 102. Sense of Congress.

Sec. 103. Definitions.

Sec. 104. 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.

Sec. 206. Studies by General Accounting Office on exhaustion of remedies and

certain Department of Justice costs.

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.

7 TITLE I—GENERAL PROVISIONS

8 SEC. 101. FINDINGS.

9 The Congress finds that—
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1 (1) Federal agencies cannot be run effectively if

2 they practice or tolerate discrimination,

3 (2) the Committee on the Judiciary of the

4 House of Representatives has heard testimony from

5 individuals, including representatives of the National

6 Association for the Advancement of Colored People

7 and the American Federation of Government Em8 ployees that point to chronic problems of discrimina9 tion and retaliation against Federal employees,

10 (3) in August 2000, a jury found that the Envi11 ronmental Protection Agency had discriminated

12 against a senior social scientist, and awarded that

13 scientist $600,000,

14 (4) in October 2000, an Occupational Safety

15 and Health Administration investigation found that

16 the Environmental Protection Agency had retaliated

17 against a senior scientist for disagreeing with that

18 agency on a matter of science and for helping Con19 gress to carry out its oversight responsibilities,

20 (5) there have been several recent class action

21 suits based on discrimination brought against Fed22 eral agencies, including the Federal Bureau of Inves23 tigation, the Bureau of Alcohol, Tobacco, and Fire24 arms, the Drug Enforcement Administration, the
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1 Immigration and Naturalization Service, and the

2 United States Marshals Service,

3 (6) notifying Federal employees of their rights

4 under discrimination and whistleblower laws should

5 increase agency compliance with the law,

6 (7) requiring annual reports to Congress on the

7 number and severity of discrimination and whistle8 blower cases brought against each Federal agency

9 should enable Congress to improve its oversight over

10 agencies’ compliance with the law, and

11 (8) penalizing Federal agencies by requiring

12 them to pay for any discrimination or whistleblower

13 judgments, awards, and settlements should improve

14 agency accountability with respect to discrimination

15 and whistleblower laws.

16 SEC. 101. FINDINGS.

17 Congress finds that—

18 (1) Federal agencies cannot be run effectively if

19 those agencies practice or tolerate discrimination;

20 (2) Congress has heard testimony from individ21 uals, including representatives of the National Asso22 ciation for the Advancement of Colored People and

23 the American Federation of Government Employees,

24 that point to chronic problems of discrimination and

25 retaliation against Federal employees;
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1 (3) in August 2000, a jury found that the Envi2 ronmental Protection Agency had discriminated

3 against a senior social scientist, and awarded that

4 scientist $600,000;

5 (4) in October 2000, an Occupational Safety and

6 Health Administration investigation found that the

7 Environmental Protection Agency had retaliated

8 against a senior scientist for disagreeing with that

9 agency on a matter of science and for helping Con10 gress to carry out its oversight responsibilities;

11 (5) there have been several recent class action

12 suits based on discrimination brought against Federal

13 agencies, including the Federal Bureau of Investiga14 tion, the Bureau of Alcohol, Tobacco, and Firearms,

15 the Drug Enforcement Administration, the Immigra16 tion and Naturalization Service, the United States

17 Marshals Service, the Department of Agriculture, the

18 United States Information Agency, and the Social Se19 curity Administration;

20 (6) notifying Federal employees of their rights

21 under discrimination and whistleblower laws should

22 increase Federal agency compliance with the law;

23 (7) requiring annual reports to Congress on the

24 number and severity of discrimination and whistle25 blower cases brought against each Federal agency
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1 should enable Congress to improve its oversight over

2 compliance by agencies with the law; and

3 (8) requiring Federal agencies to pay for any

4 discrimination or whistleblower judgment, award, or

5 settlement should improve agency accountability with

6 respect to discrimination and whistleblower laws.

7 SEC. 102. SENSE OF CONGRESS.

8 It is the sense of Congress that—

9 (1) Federal agencies should not retaliate for

10 court judgments or settlements relating to discrimina11 tion and whistleblower laws by targeting the claimant

12 or other employees with reductions in compensation,

13 benefits, or workforce to pay for such judgments or

14 settlements;

15 (2) the mission of the Federal agency and the

16 employment security of employees who are blameless

17 in a whistleblower incident should not be com18 promised;

19 (3) Federal agencies should not use a reduction

20 in force or furloughs as means of funding a reim21 bursement under this Act;

22 (4)(A) accountability in the enforcement of em23 ployee rights is not furthered by terminating—

24 (i) the employment of other employees; or
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1 (ii) the benefits to which those employees

2 are entitled through statute or contract; and

3 (B) this Act is not intended to authorize those

4 actions;

5 (5)(A) nor is accountability furthered if Federal

6 agencies react to the increased accountability under

7 this Act by taking unfounded disciplinary actions

8 against managers or by violating the procedural

9 rights of managers who have been accused of discrimi10 nation; and

11 (B) Federal agencies should ensure that man12 agers have adequate training in the management of

13 a diverse workforce and in dispute resolution and

14 other essential communication skills; and

15 (6)(A) Federal agencies are expected to reimburse

16 the General Fund of the Treasury within a reasonable

17 time under this Act; and

18 (B) a Federal agency, particularly if the amount

19 of reimbursement under this Act is large relative to

20 annual appropriations for that agency, may need to

21 extend reimbursement over several years in order to

22 avoid—

23 (i) reductions in force;

24 (ii) furloughs;
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1 (iii) other reductions in compensation or

2 benefits for the workforce of the agency; or

3 (iv) an adverse effect on the mission of the

4 agency.

5 SEC. 102. 103. DEFINITIONS.

6 For purposes of this Act—

7 (1) the term ‘‘applicant for Federal employ8 ment’’ means an individual applying for employment

9 in or under a Federal agency, ;

10 (2) the term ‘‘basis of alleged discrimination’’

11 shall have the meaning given such term under sec12 tion 303, ;

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

15 United States Code), the United States Postal Serv16 ice, or the Postal Rate Commission, ;

17 (4) the term ‘‘Federal employee’’ means an in18 dividual employed in or under a Federal agency, ;

19 (5) the term ‘‘former Federal employee’’ means

20 an individual formerly employed in or under a Fed21 eral agency, ; and

22 (6) the term ‘‘issue of alleged discrimination’’

23 shall have the meaning given such term under sec24 tion 303.
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1 SEC. 103. 104. EFFECTIVE DATE.

2 This Act and the amendments made by this Act shall

3 take effect on the 1st day of the 1st fiscal year beginning

4 more than 180 days after the date of the enactment of

5 this Act.

6 TITLE II—FEDERAL EMPLOYEE

7 DISCRIMINATION AND RETAL8 IATION

9 SEC. 201. REIMBURSEMENT REQUIREMENT.

10 (a) APPLICABILITY.—This section applies with re11 spect to any payment made in accordance with section

12 2414, 2517, 2672, or 2677 of title 28, United States

13 Code, and under section 1304 of title 31, United States

14 Code (relating to judgments, awards, and compromise set15 tlements) to any Federal employee, former Federal em16 ployee, or applicant for Federal employment, in connection

17 with any proceeding brought by or on behalf of such em18 ployee, former employee, or applicant under—

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

20 or

21 (2) any other provision of law which prohibits

22 any form of discrimination, as identified under rules

23 issued under section 204.

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

25 of each payment described in subsection (a) shall be reim26 bursed to the fund described in section 1304 of title 31,
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1 United States Code, out of any appropriation, fund, or

2 other account (excluding any part of such appropriation,

3 of such fund, or of such account available for the enforce4 ment of any Federal law) available for operating expenses

5 of the Federal agency to which the discriminatory conduct

6 involved is attributable as determined under section 204.

7 (c) SCOPE.—The provisions of law cited in this sub8 section are the following:

9 (1) Section 2302(b) of title 5 of the, United

10 States Code, as applied to discriminatory conduct

11 described in paragraphs (1) and (8), or described in

12 paragraph (9) of such section as applied to discrimi13 natory conduct described in paragraphs (1) and (8),

14 of such section.

15 (2) The provisions of law specified in section

16 2302(d) of title 5 of the, United States Code.

17 (3) The Whistleblower Protection Act of 1986

18 and the amendments made by such Act.

19 SEC. 202. NOTIFICATION REQUIREMENT.

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

21 and protections available to Federal employees, former

22 Federal employees, and applicants for Federal employ23 ment (as the case may be) in connection with the respec24 tive provisions of law covered by paragraphs (1) and (2)
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1 of section 201(a) shall be provided to such employees,

2 former employees, and applicants—

3 (1) in accordance with otherwise applicable pro4 visions of law, ; or

5 (2) if to the extent that if, or to the extent that,

6 no such notification would otherwise be required, in

7 such time, form, and manner as shall under section

8 204 be required in order to carry out the require9 ments 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 para13 graph (1) or (2) (as applicable) of subsection (a) on the

14 Internet site of the Federal agency involved.

15 (c) EMPLOYEE TRAINING.—Each Federal agency

16 shall provide to the employees of such agency training re17 garding the rights and remedies applicable to such employ18 ees under the laws cited in section 201(c).

19 SEC. 203. REPORTING REQUIREMENT.

20 (a) ANNUAL REPORT.—Subject to subsection (b), not

21 later than 180 days after the end of each fiscal year, each

22 Federal agency shall submit to the Speaker of the House

23 of Representatives, the President pro tempore of the Sen24 ate, the Committee on Governmental Affairs of the Senate,

25 the Committee on Government Reform of the House of Rep-
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1 resentatives, each committee of Congress with jurisdiction

2 relating to the agency, the Equal Employment Opportunity

3 Commission, and the Attorney General an annual report

4 which shall include, with respect to the fiscal year—

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

6 the respective provisions of law covered by para7 graphs (1) and (2) of section 201(a) in which dis8 crimination on the part of such agency was alleged, ;

9 (2) the status or disposition of cases described

10 in paragraph (1), ;

11 (3) the amount of money required to be reim12 bursed by such agency under section 201 in connec13 tion with each of such cases, separately identifying

14 the aggregate amount of such reimbursements at15 tributable to the payment of attorneys’ fees, if any, ;

16 (4) the number of employees disciplined for dis17 crimination, retaliation, harassment, or any other in18 fraction of any provision of law referred to in para19 graph (1), ;

20 (5) the final year-end data posted under section

21 301(c)(1)(B) for such fiscal year (without regard to

22 section 301(c)(2)), and ;

23 (6) a detailed description of—

24 (A) the policy implemented by such agency

25 to discipline employees who are determined in
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1 any judicial or administrative proceeding to

2 have discriminated against any individual in

3 violation of any of the laws cited in section

4 201(c), and

5 (B) with respect to each of such laws, the

6 number of employees who are disciplined in ac7 cordance with such policy and the specific na8 ture of the disciplinary action taken.

9 (6) a detailed description of—

10 (A) the policy implemented by that agency

11 relating to appropriate disciplinary actions

12 against a Federal employee who—

13 (i) discriminated against any indi14 vidual in violation of any of the laws cited

15 under section 201(a) (1) or (2); or

16 (ii) committed another prohibited per17 sonnel practice that was revealed in the in18 vestigation of a complaint alleging a viola19 tion of any of the laws cited under section

20 201(a) (1) or (2); and

21 (B) with respect to each of such laws, the

22 number of employees who are disciplined in ac23 cordance with such policy and the specific na24 ture of the disciplinary action taken;
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1 (7) an analysis of the information described

2 under paragraphs (1) through (6) (in conjunction

3 with data provided to the Equal Employment Oppor4 tunity Commission in compliance with part 1614 of

5 title 29 of the Code of Federal Regulations)

6 including—

7 (A) an examination of trends;

8 (B) causal analysis;

9 (C) practical knowledge gained through ex10 perience; and

11 (D) any actions planned or taken to im12 prove complaint or civil rights programs of the

13 agency; and

14 (8) any adjustment (to the extent the adjustment

15 can be ascertained in the budget of the agency) to

16 comply with the requirements under section 201.

17 (b) FIRST REPORT.—The 1st report submitted under

18 subsection (a) shall include for each item under subsection

19 (a) data for each of the 5 immediately preceding fiscal

20 years (or, if not available for all 5 fiscal years, for however

21 many of those 5 fiscal years for which data are available).

22 years (or, if data are not available for all 5 fiscal years,

23 for each of those 5 fiscal years for which data are available).
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1 SEC. 204. RULES AND GUIDELINES.

2 (a) ISSUANCE OF RULES AND GUIDELINES.—The

3 President (or the designee of the President) shall issue—

4 (1) rules to carry out this title, ;

5 (2) rules to require that a comprehensive study

6 be conducted in the Executive Branch to determine

7 the best practices for Federal agencies to take ap8 propriate disciplinary actions against Federal em9 ployees who are determined in any judicial or admin10 istrative proceeding to have discriminated against

11 any individual in violation of any of the laws cited

12 in section 201(c), and

13 (2) rules to require that a comprehensive study

14 be conducted in the executive branch to determine the

15 best practices relating to the appropriate disciplinary

16 actions against Federal employees who commit the ac17 tions described under clauses (i) and (ii) of section

18 203(a)(6)(A); and

19 (3) based on the results of such study, advisory

20 guidelines incorporating best practices that Federal

21 agencies may follow to take such actions against

22 such employees.

23 (b) AGENCY NOTIFICATION REGARDING IMPLEMEN24 TATION OF GUIDELINES.—Not later than 30 days after

25 the issuance of guidelines under subsection (a), each Fed26 eral agency shall submit to the Speaker of the House of
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1 Representatives, the President pro tempore of the Senate,

2 the Equal Employment Opportunity Commission, and the

3 Attorney General a written statement specifying in

4 detail—

5 (1) whether such agency has adopted and will

6 fully follow such guidelines, ;

7 (2) if such agency has not adopted such guide8 lines, the reasons for the failure to adopt such guide9 lines, ; and

10 (3) if such agency will not fully follow such

11 guidelines, the reasons for the decision not to fully

12 follow such guidelines and an explanation of the ex13 tent to which such agency will not follow such guide14 lines.

15 SEC. 205. CLARIFICATION OF REMEDIES.

16 Consistent with Federal law, nothing in this title shall

17 prevent any Federal employee, former Federal employee,

18 or applicant for Federal employment from exercising any

19 right otherwise available under the laws of the United

20 States.

21 SEC. 206. STUDY BY GENERAL ACCOUNTING OFFICE RE22 GARDING EXHAUSTION OF ADMINISTRATIVE

23 REMEDIES.

24 (a) STUDY.—Not later than 180 days after the date

25 of the enactment of this Act, the General Accounting Of-
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1 fice shall conduct a study relating to the effects of elimi2 nating the requirement that Federal employees aggrieved

3 by violations of any of the laws specified in paragraphs

4 (7) and (8) of section 201(c) exhaust administrative rem5 edies before filing complaints with the Equal Employment

6 Opportunity Commission. Such study shall include a de7 tailed summary of matters investigated, of information

8 collected, and of conclusions formulated that lead to deter9 minations of how the elimination of such requirement

10 will—

11 (1) expedite handling of allegations of such vio12 lations within Federal agencies and will streamline

13 the complaint-filing process,

14 (2) affect the workload of the Commission,

15 (3) affect established alternative dispute resolu16 tion procedures in such agencies, and

17 (4) affect any other matters determined by the

18 General Accounting Office to be appropriate for con19 sideration.

20 (b) REPORT.—Not later than 90 days after comple21 tion of the study required by subsection (a), the General

22 Accounting Office shall submit to the Speaker of the

23 House of Representatives, the President pro tempore of

24 the Senate, the Equal Employment Opportunity Commis-
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1 sion, and the Attorney General a report containing the in2 formation required to be included in such study.

3 SEC. 206. STUDIES BY GENERAL ACCOUNTING OFFICE ON

4 EXHAUSTION OF ADMINISTRATIVE REMEDIES

5 AND ON ASCERTAINMENT OF CERTAIN DE6 PARTMENT OF JUSTICE COSTS.

7 (a) STUDY ON EXHAUSTION OF ADMINISTRATIVE REM8 EDIES.—

9 (1) STUDY.—

10 (A) IN GENERAL.—Not later than 180 days

11 after the date of enactment of this Act, the Gen12 eral Accounting Office shall conduct a study re13 lating to the effects of eliminating the require14 ment that Federal employees aggrieved by viola15 tions of any of the laws specified under section

16 201(c) exhaust administrative remedies before

17 filing complaints with the Equal Employment

18 Opportunity Commission.

19 (B) CONTENTS.—The study shall include a

20 detailed summary of matters investigated, infor21 mation collected, and conclusions formulated

22 that lead to determinations of how the elimi23 nation of such requirement will—
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1 (i) expedite handling of allegations of

2 such violations within Federal agencies and

3 will streamline the complaint-filing process;

4 (ii) affect the workload of the Commis5 sion;

6 (iii) affect established alternative dis7 pute resolution procedures in such agencies;

8 and

9 (iv) affect any other matters deter10 mined by the General Accounting Office to

11 be appropriate for consideration.

12 (2) REPORT.—Not later than 90 days after com13 pletion of the study required by paragraph (1), the

14 General Accounting Office shall submit to the Speaker

15 of the House of Representatives, the President pro

16 tempore of the Senate, the Equal Employment Oppor17 tunity Commission, and the Attorney General a re18 port containing the information required to be in19 cluded in such study.

20 (b) STUDY ON ASCERTAINMENT OF CERTAIN COSTS OF

21 THE DEPARTMENT OF JUSTICE IN DEFENDING DISCRIMI22 NATION AND WHISTLEBLOWER CASES.—

23 (1) STUDY.—Not later than 180 days after the

24 date of enactment of this Act, the General Accounting

25 Office shall conduct a study of the methods that could
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1 be used for, and the extent of any administrative bur2 den that would be imposed on, the Department of

3 Justice to ascertain the personnel and administrative

4 costs incurred in defending in each case arising from

5 a proceeding identified under section 201(a) (1) and

6 (2).

7 (2) REPORT.—Not later than 90 days after com8 pletion of the study required by paragraph (1), the

9 General Accounting Office shall submit to the Speaker

10 of the House of Representatives and the President pro

11 tempore of the Senate a report containing the infor12 mation required to be included in the study.

13 TITLE III—EQUAL EMPLOYMENT

14 OPPORTUNITY COMPLAINT

15 DATA DISCLOSURE

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

17 AGENCIES.

18 (a) IN GENERAL.—Each Federal agency shall post

19 on its public Web site, in the time, form, and manner pre20 scribed under section 303 (in conformance with the re21 quirements of this section), summary statistical data relat22 ing to equal employment opportunity complaints filed with

23 such agency by employees or former employees of, or ap24 plicants for employment with, such agency.
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1 (b) CONTENT REQUIREMENTS.—The data posted by

2 a Federal agency under this section shall include, for the

3 then current fiscal year, the following:

4 (1) The number of complaints filed with such

5 agency in such fiscal year.

6 (2) The number of individuals filing those com7 plaints (including as the agent of a class).

8 (3) The number of individuals who filed 2 or

9 more of those complaints.

10 (4) The number of complaints (described in

11 paragraph (1)) in which each of the various bases of

12 alleged discrimination is alleged.

13 (5) The number of complaints (described in

14 paragraph (1)) in which each of the various issues

15 of alleged discrimination is alleged.

16 (6) The average length of time, for each step of

17 the process, it is taking such agency to process com18 plaints (taking into account all complaints pending

19 for any length of time in such fiscal year, whether

20 first filed in such fiscal year or earlier). Average

21 times under this paragraph shall be posted—

22 (A) for all such complaints,

23 (B) for all such complaints in which a

24 hearing before an administrative judge of the
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1 Equal Employment Opportunity Commission is

2 not requested, and

3 (C) for all such complaints in which a

4 hearing before an administrative judge of the

5 Equal Employment Opportunity Commission is

6 requested.

7 (7) The total number of final agency actions

8 rendered in such fiscal year involving a finding of

9 discrimination and, of that number—

10 (A) the number and percentage that were

11 rendered without a hearing before an adminis12 trative judge of the Equal Employment Oppor13 tunity Commission, and

14 (B) the number and percentage that were

15 rendered after a hearing before an administra16 tive judge of the Equal Employment Oppor17 tunity Commission.

18 (8) Of the total number of final agency actions

19 rendered in such fiscal year involving a finding of

20 discrimination—

21 (A) the number and percentage involving a

22 finding of discrimination based on each of the

23 respective bases of alleged discrimination, and
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1 (B) of the number specified under sub2 paragraph (A) for each of the respective bases

3 of alleged discrimination—

4 (i) the number and percentage that

5 were rendered without a hearing before an

6 administrative judge of the Equal Employ7 ment Opportunity Commission, and

8 (ii) the number and percentage that

9 were rendered after a hearing before an

10 administrative judge of the Equal Employ11 ment Opportunity Commission.

12 (9) Of the total number of final agency actions

13 rendered in such fiscal year involving a finding of

14 discrimination—

15 (A) the number and percentage involving a

16 finding of discrimination in connection with

17 each of the respective issues of alleged discrimi18 nation, and

19 (B) of the number specified under sub20 paragraph (A) for each of the respective issues

21 of alleged discrimination—

22 (i) the number and percentage that

23 were rendered without a hearing before an

24 administrative judge of the Equal Employ25 ment Opportunity Commission, and
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1 (ii) the number and percentage that

2 were rendered after a hearing before an

3 administrative judge of the Equal Employ4 ment Opportunity Commission.

5 (10)(A) Of the total number of complaints

6 pending in such fiscal year (as described in the par7 enthetical matter in paragraph (6)), the number that

8 were first filed before the start of the then current

9 fiscal year.

10 (B) With respect to those pending complaints

11 that were first filed before the start of the then cur12 rent fiscal year—

13 (i) the number of individuals who filed

14 those complaints, and

15 (ii) the number of those complaints which

16 are at the various steps of the complaint proc17 ess.

18 (C) Of the total number of complaints pending

19 in such fiscal year (as described in the parenthetical

20 matter in paragraph (6)), the total number of com21 plaints with respect to which the agency violated the

22 requirements of section 1614.106(e)(2) of title 29 of

23 the Code of Federal Regulations (as in effect on

24 July 1, 2000, and amended from time to time) by

25 failing to conduct within 180 days of the filing of
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1 such complaints an impartial and appropriate inves2 tigation of such complaints.

3 (c) TIMING AND OTHER REQUIREMENTS.—

4 (1) CURRENT YEAR DATA.—Data posted under

5 this section for the then current fiscal year shall in6 clude both—

7 (A) interim year-to-date data, updated

8 quarterly, and

9 (B) final year-end data.

10 (2) DATA FOR PRIOR YEARS.—The data posted

11 by a Federal agency under this section for a fiscal

12 year (both interim and final) shall include, for each

13 item under subsection (b), such agency’s cor14 responding year-end data for each of the 5 imme15 diately preceding fiscal years (or, if not available for

16 all 5 fiscal years, for however many of those 5 fiscal

17 years for which data are available).

18 SEC. 302. DATA TO BE POSTED BY THE EQUAL EMPLOY19 MENT OPPORTUNITY COMMISSION.

20 (a) IN GENERAL.—The Equal Employment Oppor21 tunity Commission shall post on its public Web site, in

22 the time, form, and manner prescribed under section 303

23 for purposes of this section, summary statistical data re24 lating to—
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1 (1) hearings requested before an administrative

2 judge of the Commission on complaints described in

3 section 301, and

4 (2) appeals filed with the Commission from

5 final agency actions on complaints described in sec6 tion 301.

7 (b) SPECIFIC REQUIREMENTS.—The data posted

8 under this section shall, with respect to the hearings and

9 appeals described in subsection (a), include summary sta10 tistical data corresponding to that described in paragraphs

11 (1) through (10) of section 301(b), and shall be subject

12 to the same timing and other requirements as set forth

13 in section 301(c).

14 (c) COORDINATION.—The data required under this

15 section shall be in addition to the data the Commission

16 is required to post under section 301 as an employing Fed17 eral agency.

18 SEC. 303. RULES.

19 The Equal Employment Opportunity Commission

20 shall issue any rules necessary to carry out this title.

Calendar No. 346

107TH CONGRESS

2D SESSION H. R. 169

[Report No. 107–143]

AN ACT

To require that Federal agencies be accountable for

violations of antidiscrimination and whistleblowerprotection laws; to require that each Federalagency post quarterly on its public Web site, certain statistical data relating to Federal sectorequal employment opportunity complaints filedwith such agency; and for other purposes.

APRIL 15, 2002

Reported with amendments