any judicial or administrative proceeding to
have discriminated against any individual in
violation of any of the laws cited in section
201(c), and
(B) with respect to each of such laws, the
number of employees who are disciplined in ac-
cordance with such policy and the specific na-
ture of the disciplinary action taken.
(6) a detailed description of—
(A) the policy implemented by that agency
relating to appropriate disciplinary actions
against a Federal employee who—
(i) discriminated against any indi-
vidual in violation of any of the laws cited
under section 201(a) (1) or (2); or
(ii) committed another prohibited per-
sonnel practice that was revealed in the in-
vestigation of a complaint alleging a viola-
tion of any of the laws cited under section
201(a) (1) or (2); and
(B) with respect to each of such laws, the
number of employees who are disciplined in ac-
cordance with such policy and the specific na-
ture of the disciplinary action taken;
(7) an analysis of the information described
under paragraphs (1) through (6) (in conjunction
with data provided to the Equal Employment Oppor-
tunity Commission in compliance with part 1614 of
title 29 of the Code of Federal Regulations)
including—
(A) an examination of trends;
(B) causal analysis;
(C) practical knowledge gained through ex-
perience; and
(D) any actions planned or taken to im-
prove complaint or civil rights programs of the
agency; and
(8) any adjustment (to the extent the adjustment
can be ascertained in the budget of the agency) to
comply with the requirements under section 201.
(b) FIRST REPORT.—The 1st report submitted under
subsection (a) shall include for each item under subsection
(a) data for each of the 5 immediately preceding fiscal
years (or, if not available for all 5 fiscal years, for however
many of those 5 fiscal years for which data are available).
years (or, if data are not available for all 5 fiscal years,
for each of those 5 fiscal years for which data are available).
SEC. 204. RULES AND GUIDELINES.
(a) ISSUANCE OF RULES AND GUIDELINES.—The
President (or the designee of the President) shall issue—
(1) rules to carry out this title, ;
(2) rules to require that a comprehensive study
be conducted in the Executive Branch to determine
the best practices for Federal agencies to take ap-
propriate disciplinary actions against Federal em-
ployees who are determined in any judicial or admin-
istrative proceeding to have discriminated against
any individual in violation of any of the laws cited
in section 201(c), and
(2) rules to require that a comprehensive study
be conducted in the executive branch to determine the
best practices relating to the appropriate disciplinary
actions against Federal employees who commit the ac-
tions described under clauses (i) and (ii) of section
203(a)(6)(A); and
(3) based on the results of such study, advisory
guidelines incorporating best practices that Federal
agencies may follow to take such actions against
such employees.
(b) AGENCY NOTIFICATION REGARDING IMPLEMEN-
TATION OF GUIDELINES.—Not later than 30 days after
the issuance of guidelines under subsection (a), each Fed-
eral agency shall submit to the Speaker of the House of
Representatives, the President pro tempore of the Senate,
the Equal Employment Opportunity Commission, and the
Attorney General a written statement specifying in
detail—
(1) whether such agency has adopted and will
fully follow such guidelines, ;
(2) if such agency has not adopted such guide-
lines, the reasons for the failure to adopt such guide-
lines, ; and
(3) if such agency will not fully follow such
guidelines, the reasons for the decision not to fully
follow such guidelines and an explanation of the ex-
tent to which such agency will not follow such guide-
lines.
SEC. 205. CLARIFICATION OF REMEDIES.
Consistent with Federal law, nothing in this title shall
prevent any Federal employee, former Federal employee,
or applicant for Federal employment from exercising any
right otherwise available under the laws of the United
States.
SEC. 206. STUDY BY GENERAL ACCOUNTING OFFICE RE-
GARDING EXHAUSTION OF ADMINISTRATIVE
REMEDIES.
(a) STUDY.—Not later than 180 days after the date
of the enactment of this Act, the General Accounting Of-
fice shall conduct a study relating to the effects of elimi-
nating the requirement that Federal employees aggrieved
by violations of any of the laws specified in paragraphs
(7) and (8) of section 201(c) exhaust administrative rem-
edies before filing complaints with the Equal Employment
Opportunity Commission. Such study shall include a de-
tailed summary of matters investigated, of information
collected, and of conclusions formulated that lead to deter-
minations of how the elimination of such requirement
will—
(1) expedite handling of allegations of such vio-
lations within Federal agencies and will streamline
the complaint-filing process,
(2) affect the workload of the Commission,
(3) affect established alternative dispute resolu-
tion procedures in such agencies, and
(4) affect any other matters determined by the
General Accounting Office to be appropriate for con-
sideration.
(b) REPORT.—Not later than 90 days after comple-
tion of the study required by subsection (a), the General
Accounting Office shall submit to the Speaker of the
House of Representatives, the President pro tempore of
the Senate, the Equal Employment Opportunity Commis-
sion, and the Attorney General a report containing the in-
formation required to be included in such study.
SEC. 206. STUDIES BY GENERAL ACCOUNTING OFFICE ON
EXHAUSTION OF ADMINISTRATIVE REMEDIES
AND ON ASCERTAINMENT OF CERTAIN DE-
PARTMENT OF JUSTICE COSTS.
(a) STUDY ON EXHAUSTION OF ADMINISTRATIVE REM-
EDIES.—
(1) STUDY.—
(A) IN GENERAL.—Not later than 180 days
after the date of enactment of this Act, the Gen-
eral Accounting Office shall conduct a study re-
lating to the effects of eliminating the require-
ment that Federal employees aggrieved by viola-
tions of any of the laws specified under section
201(c) exhaust administrative remedies before
filing complaints with the Equal Employment
Opportunity Commission.
(B) CONTENTS.—The study shall include a
detailed summary of matters investigated, infor-
mation collected, and conclusions formulated
that lead to determinations of how the elimi-
nation of such requirement will—
(i) expedite handling of allegations of
such violations within Federal agencies and
will streamline the complaint-filing process;
(ii) affect the workload of the Commis-
sion;
(iii) affect established alternative dis-
pute resolution procedures in such agencies;
and
(iv) affect any other matters deter-
mined by the General Accounting Office to
be appropriate for consideration.
(2) REPORT.—Not later than 90 days after com-
pletion of the study required by paragraph (1), the
General Accounting Office shall submit to the Speaker
of the House of Representatives, the President pro
tempore of the Senate, the Equal Employment Oppor-
tunity Commission, and the Attorney General a re-
port containing the information required to be in-
cluded in such study.
(b) STUDY ON ASCERTAINMENT OF CERTAIN COSTS OF
THE DEPARTMENT OF JUSTICE IN DEFENDING DISCRIMI-
NATION AND WHISTLEBLOWER CASES.—
(1) STUDY.—Not later than 180 days after the
date of enactment of this Act, the General Accounting
Office shall conduct a study of the methods that could
be used for, and the extent of any administrative bur-
den that would be imposed on, the Department of
Justice to ascertain the personnel and administrative
costs incurred in defending in each case arising from
a proceeding identified under section 201(a) (1) and
(2).
(2) REPORT.—Not later than 90 days after com-
pletion of the study required by paragraph (1), the
General Accounting Office shall submit to the Speaker
of the House of Representatives and the President pro
tempore of the Senate a report containing the infor-
mation required to be included in the study.
TITLE III—EQUAL EMPLOYMENT
OPPORTUNITY 
COMPLAINT
DATA DISCLOSURE
SEC. 301. DATA TO BE POSTED BY EMPLOYING FEDERAL
AGENCIES.
(a) IN GENERAL.—Each Federal agency shall post
on its public Web site, in the time, form, and manner pre-
scribed under section 303 (in conformance with the re-
quirements of this section), summary statistical data relat-
ing to equal employment opportunity complaints filed with
such agency by employees or former employees of, or ap-
plicants for employment with, such agency.
(b) CONTENT REQUIREMENTS.—The data posted by
a Federal agency under this section shall include, for the
then current fiscal year, the following:
(1) The number of complaints filed with such
agency in such fiscal year.
(2) The number of individuals filing those com-
plaints (including as the agent of a class).
(3) The number of individuals who filed 2 or
more of those complaints.
(4) The number of complaints (described in
paragraph (1)) in which each of the various bases of
alleged discrimination is alleged.
(5) The number of complaints (described in
paragraph (1)) in which each of the various issues
of alleged discrimination is alleged.
(6) The average length of time, for each step of
the process, it is taking such agency to process com-
plaints (taking into account all complaints pending
for any length of time in such fiscal year, whether
first filed in such fiscal year or earlier). Average
times under this paragraph shall be posted—
(A) for all such complaints,
(B) for all such complaints in which a
hearing before an administrative judge of the
Equal Employment Opportunity Commission is
not requested, and
(C) for all such complaints in which a
hearing before an administrative judge of the
Equal Employment Opportunity Commission is
requested.
(7) The total number of final agency actions
rendered in such fiscal year involving a finding of
discrimination and, of that number—
(A) the number and percentage that were
rendered without a hearing before an adminis-
trative judge of the Equal Employment Oppor-
tunity Commission, and
(B) the number and percentage that were
rendered after a hearing before an administra-
tive judge of the Equal Employment Oppor-
tunity Commission.
(8) Of the total number of final agency actions
rendered in such fiscal year involving a finding of
discrimination—
(A) the number and percentage involving a
finding of discrimination based on each of the
respective bases of alleged discrimination, and
(B) of the number specified under sub-
paragraph (A) for each of the respective bases
of alleged discrimination—
(i) the number and percentage that
were rendered without a hearing before an
administrative judge of the Equal Employ-
ment Opportunity Commission, and
(ii) the number and percentage that
were rendered after a hearing before an
administrative judge of the Equal Employ-
ment Opportunity Commission.
(9) Of the total number of final agency actions
rendered in such fiscal year involving a finding of
discrimination—
(A) the number and percentage involving a
finding of discrimination in connection with
each of the respective issues of alleged discrimi-
nation, and
(B) of the number specified under sub-
paragraph (A) for each of the respective issues
of alleged discrimination—
(i) the number and percentage that
were rendered without a hearing before an
administrative judge of the Equal Employ-
ment Opportunity Commission, and
(ii) the number and percentage that
were rendered after a hearing before an
administrative judge of the Equal Employ-
ment Opportunity Commission.
(10)(A) Of the total number of complaints
pending in such fiscal year (as described in the par-
enthetical matter in paragraph (6)), the number that
were first filed before the start of the then current
fiscal year.
(B) With respect to those pending complaints
that were first filed before the start of the then cur-
rent fiscal year—
(i) the number of individuals who filed
those complaints, and
(ii) the number of those complaints which
are at the various steps of the complaint proc-
ess.
(C) Of the total number of complaints pending
in such fiscal year (as described in the parenthetical
matter in paragraph (6)), the total number of com-
plaints with respect to which the agency violated the
requirements of section 1614.106(e)(2) of title 29 of
the Code of Federal Regulations (as in effect on
July 1, 2000, and amended from time to time) by
failing to conduct within 180 days of the filing of
such complaints an impartial and appropriate inves-
tigation of such complaints.
(c) TIMING AND OTHER REQUIREMENTS.—
(1) CURRENT YEAR DATA.—Data posted under
this section for the then current fiscal year shall in-
clude both—
(A) interim year-to-date data, updated
quarterly, and
(B) final year-end data.
(2) DATA FOR PRIOR YEARS.—The data posted
by a Federal agency under this section for a fiscal
year (both interim and final) shall include, for each
item under subsection (b), such agency’s cor-
responding year-end data for each of the 5 imme-
diately preceding fiscal years (or, if not available for
all 5 fiscal years, for however many of those 5 fiscal
years for which data are available).
SEC. 302. DATA TO BE POSTED BY THE EQUAL EMPLOY-
MENT OPPORTUNITY COMMISSION.
(a) IN GENERAL.—The Equal Employment Oppor-
tunity Commission shall post on its public Web site, in
the time, form, and manner prescribed under section 303
for purposes of this section, summary statistical data re-
lating to—
(1) hearings requested before an administrative
judge of the Commission on complaints described in
section 301, and
(2) appeals filed with the Commission from
final agency actions on complaints described in sec-
tion 301.
(b) SPECIFIC REQUIREMENTS.—The data posted
under this section shall, with respect to the hearings and
appeals described in subsection (a), include summary sta-
tistical data corresponding to that described in paragraphs
(1) through (10) of section 301(b), and shall be subject
to the same timing and other requirements as set forth
in section 301(c).
(c) COORDINATION.—The data required under this
section shall be in addition to the data the Commission
is required to post under section 301 as an employing Fed-
eral agency.
SEC. 303. RULES.
The Equal Employment Opportunity Commission
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 whistleblower
protection laws; to require that each Federal
agency post quarterly on its public Web site, cer-
tain statistical data relating to Federal sector
equal employment opportunity complaints filed
with such agency; and for other purposes.
APRIL 15, 2002
Reported with amendments