HR 169 EAS
(1) Federal agencies should not retaliate for
court judgments or settlements relating to discrimina-
tion and whistleblower laws by targeting the claimant
or other employees with reductions in compensation,
benefits, or workforce to pay for such judgments or
settlements;
(2) the mission of the Federal agency and the
employment security of employees who are blameless
in a whistleblower incident should not be com-
promised;
(3) Federal agencies should not use a reduction
in force or furloughs as means of funding a reim-
bursement under this Act;
(4)(A) accountability in the enforcement of em-
ployee rights is not furthered by terminating—
(i) the employment of other employees; or
(ii) the benefits to which those employees
are entitled through statute or contract; and
(B) this Act is not intended to authorize those
actions;
(5)(A) nor is accountability furthered if Federal
agencies react to the increased accountability under
this Act by taking unfounded disciplinary actions
against managers or by violating the procedural
HR 169 EAS
rights of managers who have been accused of discrimi-
nation; and
(B) Federal agencies should ensure that man-
agers have adequate training in the management of
a diverse workforce and in dispute resolution and
other essential communication skills; and
(6)(A) Federal agencies are expected to reimburse
the General Fund of the Treasury within a reasonable
time under this Act; and
(B) a Federal agency, particularly if the amount
of reimbursement under this Act is large relative to
annual appropriations for that agency, may need to
extend reimbursement over several years in order to
avoid—
(i) reductions in force;
(ii) furloughs;
(iii) other reductions in compensation or
benefits for the workforce of the agency; or
(iv) an adverse effect on the mission of the
agency.
Ω5æPage 4, line 14, strike out ø102.¿ and insert: 103.
Ω6æPage 4, line 18, strike out øagency,¿ and insert: agen-
cy;
Ω7æPage 4, line 21, strike out ø303,¿ and insert: 303;
HR 169 EAS
Ω8æPage 4, line 25, strike out øCommission,¿ and insert:
Commission;
Ω9æPage 5, line 2, strike out øagency,¿ and insert: agency;
Ω10æPage 5, line 5, strike out øagency,¿ and insert: agen-
cy;
Ω11æPage 5, line 9, strike out ø103.¿ and insert: 104.
Ω12æPage 6, line 3, strike out ø(c),¿ and insert: (c);
Ω13æPage 6, line 19, strike out øof the¿ and insert: ,
Ω14æPage 7, line 2, strike out øof the¿ and insert: ,
Ω15æPage 7, strike out lines 3 and 4
Ω16æPage 7, line 14, strike out ølaw,¿ and insert: law;
Ω17æPage 7, line 15, strike out øif to the extent that¿
and insert: if, or to the extent that,
Ω18æPage 8, line 8, after ‘‘ate,’’ insert: the Committee on
Governmental Affairs of the Senate, the Committee on Gov-
ernment Reform of the House of Representatives, each com-
mittee of Congress with jurisdiction relating to the agency,
Ω19æPage 8, line 14, strike out øalleged,¿ and insert: al-
leged;
Ω20æPage 8, line 16, strike out ø(1),¿ and insert: (1);
HR 169 EAS
Ω21æPage 8, line 21, strike out øany,¿ and insert: any;
Ω22æPage 8, line 25, strike out ø(1),¿ and insert: (1);
Ω23æPage 9 , line 3, strike out ø, and¿ and insert: ;
Ω24æPage 9, strike out lines 4 through 14 and insert:
(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
HR 169 EAS
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.
Ω25æPage 9, strike out lines 18 and 19 and insert:
years (or, if data are not available for all 5 fiscal years,
for each of those 5 fiscal years for which data are available).
Ω26æPage 9, line 23, strike out øtitle,¿ and insert: title;
Ω27æPage 9, strike out all after line 23 over to and includ-
ing line 6 on page 10 and insert:
(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
HR 169 EAS
Ω28æPage 10, line 20, strike out øguidelines,¿ and insert:
guidelines;
Ω29æPage 10, lines 22 and 23, strike out øguidelines,¿
and insert: guidelines;
Ω30æPage 11, strike out all after line 9 over to and includ-
ing line 16 on page 12 and insert:
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
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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.—
HR 169 EAS
(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.
Ω31æPage 12, after line 16, insert:
(c) STUDIES ON STATUTORY EFFECTS ON AGENCY OP-
ERATIONS.—
(1) IN
GENERAL.—Not later than 18 months
after the date of enactment of this Act, the General
Accounting Office shall conduct—
(A) a study on the effects of section 201 on
the operations of Federal agencies; and
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(B) a study on the effects of section 13 of
the Contract Disputes Act of 1978 (41 U.S.C.
612) on the operations of Federal agencies.
(2) CONTENTS.—Each study under paragraph
(1) shall include, with respect to the applicable stat-
utes of the study—
(A) a summary of the number of cases in
which a payment was made in accordance with
section 2414, 2517, 2672, or 2677 of title 28,
United States Code, and under section 1304 of
title 31, United States Code;
(B) a summary of the length of time Fed-
eral agencies used to complete reimbursements of
payments described under subparagraph (A);
and
(C) conclusions that assist in making deter-
minations on how the reimbursements of pay-
ments described under subparagraph (A) will
affect—
(i) the operations of Federal agencies;
(ii) funds appropriated on an annual
basis;
(iii) employee relations and other
human capital matters;
(iv) settlements; and
HR 169 EAS
(v) any other matter determined by the
General Accounting Office to be appropriate
for consideration.
(3) REPORTS.—Not later than 90 days after the
completion of each study under paragraph (1), the
General Accounting Office shall submit a report on
each study, respectively, to the Speaker of the House
of Representatives, the President pro tempore of the
Senate, the Committee on Governmental Affairs of the
Senate, the Committee on Government Reform of the
House of Representatives, and the Attorney General.
Ω32æPage 12, after line 16, insert:
(d) STUDY
ON ADMINISTRATIVE
AND PERSONNEL
COSTS INCURRED BY THE DEPARTMENT OF THE TREAS-
URY.—
(1) IN GENERAL.—Not later than 1 year after
the date of enactment of this Act, the General Ac-
counting Office shall conduct a study on the extent of
any administrative and personnel costs incurred by
the Department of the Treasury to account for pay-
ments made in accordance with section 2414, 2517,
2672, or 2677 of title 28, United States Code, and
under section 1304 of title 31, United States Code, as
a result of—
(A) this Act; and
HR 169 EAS
(B) the Contracts Dispute Act of 1978 (41
U.S.C. 601 note; Public Law 95–563).
(2) REPORT.—Not later than 90 days after the
completion of the study under paragraph (1), the
General Accounting Office shall submit a report on
the study to the Speaker of the House of Representa-
tives, the President pro tempore of the Senate, the
Committee on Governmental Affairs of the Senate, the
Committee on Government Reform of the House of
Representatives, and the Attorney General.
Attest:
Secretary.