I

107TH CONGRESS

1ST SESSION H. R. 169

To require that Federal agencies be accountable for violations of

antidiscrimination and whistleblower protection laws, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 3, 2001

Mr. SENSENBRENNER introduced the following bill; which was referred to the

Committee on Government Reform, and in addition to the Committees on

Energy and Commerce, Transportation and Infrastructure, and the Judiciary, 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 antidiscrimination 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 Antidiscrimination and Retaliation Act of

6 2001’’.

7 SEC. 2. FINDINGS.

8 The Congress finds that—
2

•HR 169 IH

1 (1) good science requires a tolerance of oppos2 ing viewpoints;

3 (2) Federal agencies cannot be run effectively if

4 they practice or tolerate discrimination;

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

6 Representatives has heard testimony from individ7 uals, including representatives of the National Asso8 ciation for the Advancement of Colored People and

9 the National Whistleblower Center, that point to

10 chronic problems of discrimination and retaliation

11 against Federal employees at the Environmental

12 Protection Agency;

13 (4) in August 2000, a jury found that the Envi14 ronmental Protection Agency had discriminated

15 against a senior social scientist, and awarded that

16 scientist $600,000;

17 (5) in October 2000, an Occupational Safety

18 and Health Administration investigation found that

19 the Environmental Protection Agency had retaliated

20 against a senior scientist for disagreeing with that

21 agency on a matter of science and for helping Con22 gress to carry out its oversight responsibilities;

23 (6) notifying Federal employees of their rights

24 under discrimination and whistleblower statutes

25 should increase agency compliance with the law;
3

•HR 169 IH

1 (7) requiring annual reports to Congress on the

2 number and severity of discrimination and whistle3 blower cases brought against each Federal agency

4 should enable Congress to improve its oversight over

5 agencies’ compliance with the law; and

6 (8) penalizing Federal agencies by requiring

7 them to pay for any discrimination or whistleblower

8 judgment, award, or settlement should improve

9 agency accountability with respect to whistleblower

10 and discrimination laws.

11 SEC. 3. REIMBURSEMENT REQUIREMENT.

12 (a) APPLICABILITY.—This section applies with re13 spect to any payment made in accordance with section

14 2414, 2517, 2672, or 2677 of title 28, United States

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

16 Code (relating to judgments, awards, and compromise set17 tlements) to any Federal employee, former Federal em18 ployee, or applicant for Federal employment, in connection

19 with any proceeding brought by or on behalf of such em20 ployee, former employee, or applicant under—

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

22 or

23 (2) any other provision of law which prohibits

24 any form of discrimination, as identified under regu25 lations prescribed under section 6.
4

•HR 169 IH

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

2 of each payment described in subsection (a) shall be reim3 bursed to the fund described in section 1304 of title 31,

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

5 other account available for operating expenses of the Fed6 eral agency to which the discriminatory conduct involved

7 is attributable, as determined under section 6.

8 (c) SCOPE.—The provisions of law cited in this sub9 section are section 322(a) of the Clean Air Act (42 U.S.C.

10 7622(a)), section 110(a) of the Comprehensive Environ11 mental Response, Compensation, and Liability Act (42

12 U.S.C. 9610(a)), section 507(a) of the Federal Water Pol13 lution Control Act (33 U.S.C. 1367(a)), section 1450(i)(1)

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

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

16 U.S.C. 6971(a)), and section 23(a) of the Toxic Sub17 stances Control Act (15 U.S.C. 2622(a)).

18 SEC. 4. NOTIFICATION REQUIREMENT.

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

20 and protections available to Federal employees, former

21 Federal employees, and applicants for Federal employ22 ment (as the case may be) in connection with the respec23 tive provisions of law covered by paragraphs (1) and (2)

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

25 employees, and applicants—
5

•HR 169 IH

1 (1) in accordance with otherwise applicable pro2 visions of law; or

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

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

5 manner as shall under section 6 be required in order

6 to carry out the purposes of this section.

7 (b) POSTING ON THE INTERNET.—Any written noti8 fication under this section shall include, but not be limited

9 to, the posting of the information required under para10 graph (1) or (2) (as applicable) of subsection (a) on the

11 Internet site of the Federal agency involved.

12 SEC. 5. REPORTING REQUIREMENT.

13 Each Federal agency shall submit to the Congress

14 and the Attorney General an annual report which shall

15 include, with respect to the prior calendar year—

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

17 the respective provisions of law covered by para18 graphs (1) and (2) of section 3(a) in which discrimi19 nation on the part of such agency was alleged;

20 (2) the status or disposition of cases described

21 in paragraph (1);

22 (3) the amount of money required to be reim23 bursed by such agency under section 3 in connection

24 with each of those cases, if any; and
6

•HR 169 IH

1 (4) the number of employees disciplined for dis2 crimination, retaliation, harassment, or any other in3 fraction of any provision of law referred to in para4 graph (1).

5 SEC. 6. REGULATIONS.

6 Any regulations necessary to carry out this Act shall

7 be prescribed by the President or his designee.

8 SEC. 7. CLARIFICATION OF REMEDIES.

9 Consistent with Federal law, nothing in this Act shall

10 prevent any Federal employee, former Federal employee,

11 or applicant for Federal employment from exercising any

12 right otherwise available under the United States Code.

13 SEC. 8. DEFINITIONS.

14 For purposes of this Act—

15 (1) the term ‘‘Federal agency’’ means an Exec16 utive agency, as defined by section 105 of title 5,

17 United States Code;

18 (2) the term ‘‘Federal employee’’ means an in19 dividual employed in or under a Federal agency;

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

21 an individual formerly employed in or under a Fed22 eral agency; and
7

•HR 169 IH

1 (4) the term ‘‘applicant for Federal employ2 ment’’ means an individual applying for employment

3 in or under a Federal agency.

Æ