I
106TH CONGRESS
2D SESSION
H. R. 5516
To require that Federal agencies be accountable for violations of anti-
discrimination 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 Com-
mittee 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 con-
cerned
A BILL
To require that Federal agencies be accountable for violations
of anti-discrimination and whistleblower protection laws,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Notification and Fed-
eral Employee Anti-discrimination and Retaliation Act of
2000’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) good science requires a tolerance of oppos-
ing viewpoints;
(2) Federal agencies cannot be run effectively if
they practice or tolerate discrimination;
(3) the Committee on Science of the House of
Representatives has heard testimony from individ-
uals, including representatives of the National Asso-
ciation for the Advancement of Colored People and
the National Whistleblower Center, that point to
chronic problems of discrimination and retaliation
against Federal employees at the Environmental
Protection Agency;
(4) in August 2000, a jury found that the Envi-
ronmental Protection Agency had discriminated
against a senior social scientist, and awarded that
scientist $600,000;
(5) 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 Con-
gress to carry out its oversight responsibilities;
(6) notifying Federal employees of their rights
under discrimination and whistleblower statutes
should increase agency compliance with the law;
(7) requiring annual reports to Congress on the
number and severity of discrimination and whistle-
blower cases brought against each Federal agency
should enable Congress to improve its oversight over
agencies’ compliance with the law; and
(8) penalizing Federal agencies by requiring
them to pay for any discrimination or whistleblower
judgment, award, or settlement should improve
agency accountability with respect to whistleblower
and discrimination laws.
SEC. 3. REIMBURSEMENT REQUIREMENT.
(a) APPLICABILITY.—This section applies with re-
spect to any payment made 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 employ-
ment, 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 regu-
lations prescribed under section 6.
(b) REQUIREMENT.—An amount equal to the amount
of each payment described in subsection (a) shall be reim-
bursed 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 Fed-
eral agency to which the discriminatory conduct involved
is attributable, as determined under section 6.
(c) SCOPE.—The provisions of law cited in this sub-
section are section 322(a) of the Clean Air Act (42 U.S.C.
7622(a)), section 110(a) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act (42
U.S.C. 9610(a)), section 507(a) of the Federal Water Pol-
lution 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 Sub-
stances Control Act (15 U.S.C. 2622(a)).
SEC. 4. NOTIFICATION REQUIREMENT.
(a) IN GENERAL.—Written notification of the rights
and protections available to Federal employees, former
Federal employees, and applicants for Federal employ-
ment (as the case may be) in connection with the respec-
tive provisions of law covered by paragraphs (1)–(2) of
section 3(a) shall be provided to such employees, former
employees, and applicants—
(1) in accordance with otherwise applicable pro-
visions 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 6 be required in order
to carry out the purposes of this section.
(b) POSTING ON THE INTERNET.—Any written noti-
fication under this section shall include, but not be limited
to, the posting of the information required under sub-
section (a)(1) or (2) (as applicable) on the Internet site
of the Federal agency involved.
SEC. 5. REPORTING REQUIREMENT.
Each Federal agency shall submit to Congress an an-
nual report which shall include, with respect to the prior
calendar year—
(1) the number of cases arising under each of
the respective provisions of law covered by para-
graphs (1)–(2) of section 3(a) in which discrimina-
tion on the part of such agency was alleged;
(2) the status or disposition of cases described
in paragraph (1);
(3) the amount of money required to be reim-
bursed by such agency under section 3 in connection
with each of those cases, if any; and
(4) the number of employees disciplined for dis-
crimination, retaliation, harassment, or any other in-
fraction of any provision of law referred to in para-
graph (1).
SEC. 6. REGULATIONS.
Any regulations necessary to carry out this Act shall
be prescribed by the President or his designee.
SEC. 7. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘Federal agency’’ means an Exec-
utive agency, as defined by section 105 of title 5,
United States Code;
(2) the term ‘‘Federal employee’’ means an in-
dividual employed in or under a Federal agency;
(3) the term ‘‘former Federal employee’’ means
an individual formerly employed in or under a Fed-
eral agency; and
(4) the term ‘‘applicant for Federal employ-
ment’’ means an individual applying for employment
in or under a Federal agency.
Æ