107TH CONGRESS
1ST SESSION
H. R. 169
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.
107TH CONGRESS
1ST SESSION
H. R. 169
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Notification and Federal Employee Antidiscrimination
and Retaliation Act of 2001’’.
(b) TABLE OF CONTENTS.—The table of contents of
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 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 adminis-
trative remedies.
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 Commis-
sion.
Sec. 303. Rules.
TITLE I—GENERAL PROVISIONS
SEC. 101. FINDINGS.
The Congress finds that—
(1) Federal agencies cannot be run effectively if
they practice or tolerate discrimination,
(2) the Committee on the Judiciary of the
House of Representatives has heard testimony from
individuals, including representatives of the National
Association for the Advancement of Colored People
and the American Federation of Government Em-
ployees that point to chronic problems of discrimina-
tion and retaliation against Federal employees,
(3) 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,
(4) 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,
(5) there have been several recent class action
suits based on discrimination brought against Fed-
eral agencies, including the Federal Bureau of Inves-
tigation, the Bureau of Alcohol, Tobacco, and Fire-
arms, the Drug Enforcement Administration, the
Immigration and Naturalization Service, and the
United States Marshals Service,
(6) notifying Federal employees of their rights
under discrimination and whistleblower laws 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
judgments, awards, and settlements should improve
agency accountability with respect to discrimination
and whistleblower laws.
SEC. 102. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘applicant for Federal employ-
ment’’ means an individual applying for employment
in or under a Federal agency,
(2) the term ‘‘basis of alleged discrimination’’
shall have the meaning given such term under sec-
tion 303,
(3) the term ‘‘Federal agency’’ means an Exec-
utive agency (as defined in section 105 of title 5,
United States Code), the United States Postal Serv-
ice, or the Postal Rate Commission,
(4) the term ‘‘Federal employee’’ means an in-
dividual employed in or under a Federal agency,
(5) the term ‘‘former Federal employee’’ means
an individual formerly employed in or under a Fed-
eral agency, and
(6) the term ‘‘issue of alleged discrimination’’
shall have the meaning given such term under sec-
tion 303.
SEC. 103. EFFECTIVE DATE.
This Act and the amendments made by this Act shall
take effect on the 1st day of the 1st fiscal year beginning
more than 180 days after the date of the enactment of
this Act.
TITLE II—FEDERAL EMPLOYEE
DISCRIMINATION AND RETAL-
IATION
SEC. 201. REIMBURSEMENT REQUIREMENT.
(a) APPLICABILITY.—This section applies with re-
spect to any payment 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 (relating to judgments, awards, and compromise set-
tlements) to any Federal employee, former Federal em-
ployee, or applicant for Federal employment, in connection
with any proceeding brought by or on behalf of such em-
ployee, 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 rules
issued under section 204.
(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 (excluding any part of such appropriation,
of such fund, or of such account available for the enforce-
ment of any Federal law) available for operating expenses
of the Federal agency to which the discriminatory conduct
involved is attributable as determined under section 204.
(c) SCOPE.—The provisions of law cited in this sub-
section are the following:
(1) Section 2302(b) of title 5 of the United
States Code, as applied to discriminatory conduct
described in paragraphs (1) and (8), or described in
paragraph (9) of such section as applied to discrimi-
natory conduct described in paragraphs (1) and (8),
of such section.
(2) The provisions of law specified in section
2302(d) of title 5 of the United States Code.
(3) The Whistleblower Protection Act of 1986
and the amendments made by such Act.
SEC. 202. 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) and (2)
of section 201(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 204 be required in
order to carry out the requirements 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 para-
graph (1) or (2) (as applicable) of subsection (a) on the
Internet site of the Federal agency involved.
(c) EMPLOYEE TRAINING.—Each Federal agency
shall provide to the employees of such agency training re-
garding the rights and remedies applicable to such employ-
ees under the laws cited in section 201(c).
SEC. 203. REPORTING REQUIREMENT.
(a) ANNUAL REPORT.—Subject to subsection (b), not
later than 180 days after the end of each fiscal year, each
Federal agency shall submit to the Speaker of the House
of Representatives, the President pro tempore of the Sen-
ate, the Equal Employment Opportunity Commission, and
the Attorney General an annual report which shall include,
with respect to the fiscal year—
(1) the number of cases arising under each of
the respective provisions of law covered by para-
graphs (1) and (2) of section 201(a) in which dis-
crimination 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 201 in connec-
tion with each of such cases, separately identifying
the aggregate amount of such reimbursements at-
tributable to the payment of attorneys’ fees, if any,
(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),
(5) the final year-end data posted under section
301(c)(1)(B) for such fiscal year (without regard to
section 301(c)(2)), and
(6) a detailed description of—
(A) the policy implemented by such agency
to discipline employees who are determined in
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.
(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).
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
(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.
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,