H. R. 169—6
Commission, and the Attorney General a written statement speci-
fying in detail—
(1) whether such agency has adopted and will fully follow
such guidelines;
(2) if such agency has not adopted such guidelines; the
reasons for the failure to adopt such guidelines; 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 extent to which such agency will
not follow such guidelines.
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. STUDIES BY GENERAL ACCOUNTING OFFICE ON EXHAUSTION
OF ADMINISTRATIVE REMEDIES AND ON ASCERTAIN-
MENT OF CERTAIN DEPARTMENT OF JUSTICE COSTS.
(a) STUDY
ON EXHAUSTION
OF ADMINISTRATIVE REMEDIES.—
(1) STUDY.—
(A) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act, the General Accounting
Office 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 under section
201(c) exhaust administrative remedies before filing com-
plaints with the Equal Employment Opportunity Commis-
sion.
(B) CONTENTS.—The study shall include a detailed
summary of matters investigated, information collected,
and conclusions formulated that lead to determinations
of how the elimination of such requirement will—
(i) expedite handling of allegations of such viola-
tions within Federal agencies and will streamline the
complaint-filing process;
(ii) affect the workload of the Commission;
(iii) affect established alternative dispute resolu-
tion procedures in such agencies; and
(iv) affect any other matters determined by the
General Accounting Office to be appropriate for consid-
eration.
(2) REPORT.—Not later than 90 days after completion of
the study required by paragraph (1), the General Accounting
Office shall submit to the Speaker of the House of Representa-
tives, the President pro tempore of the Senate, the Equal
Employment Opportunity Commission, and the Attorney Gen-
eral a report containing the information required to be included
in such study.
(b) STUDY
ON ASCERTAINMENT
OF CERTAIN COSTS
OF
THE
DEPARTMENT
OF
JUSTICE
IN
DEFENDING
DISCRIMINATION
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 burden that would be imposed
on, the Department of Justice to ascertain the personnel and
H. R. 169—7
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 completion of
the study required by paragraph (1), the General Accounting
Office shall submit to the Speaker of the House of Representa-
tives and the President pro tempore of the Senate a report
containing the information required to be included in the study.
(c) STUDIES ON STATUTORY EFFECTS ON AGENCY OPERATIONS.—
(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 oper-
ations of Federal agencies; and
(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 statutes 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 Federal agencies
used to complete reimbursements of payments described
under subparagraph (A); and
(C) conclusions that assist in making determinations
on how the reimbursements of payments 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
(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.
(d) STUDY ON ADMINISTRATIVE AND PERSONNEL COSTS INCURRED
BY THE DEPARTMENT OF THE TREASURY.—
(1) IN
GENERAL.—Not later than 1 year after the date
of enactment of this Act, the General Accounting Office shall
conduct a study on the extent of any administrative and per-
sonnel costs incurred by the Department of the Treasury to
account for payments 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
(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
H. R. 169—8
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 Rep-
resentatives, and the Attorney General.
TITLE III—EQUAL EMPLOYMENT OP-
PORTUNITY COMPLAINT DATA DIS-
CLOSURE
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 prescribed under section
303 (in conformance with the requirements of this section), sum-
mary statistical data relating to equal employment opportunity
complaints filed with such agency by employees or former employees
of, or applicants 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 complaints
(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 complaints (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 Oppor-
tunity Commission is not requested, and
(C) for all such complaints in which a hearing before
an administrative judge of the Equal Employment Oppor-
tunity 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 administrative judge of the
Equal Employment Opportunity Commission, and
(B) the number and percentage that were rendered
after a hearing before an administrative judge of the Equal
Employment Opportunity Commission.
(8) Of the total number of final agency actions rendered
in such fiscal year involving a finding of discrimination—
H. R. 169—9
(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 subparagraph (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 Employment Opportunity Commission, and
(ii) the number and percentage that were rendered
after a hearing before an administrative judge of the
Equal Employment 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 discrimination, and
(B) of the number specified under subparagraph (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 Employment Opportunity Commission, and
(ii) the number and percentage that were rendered
after a hearing before an administrative judge of the
Equal Employment Opportunity Commission.
(10)(A) Of the total number of complaints pending in such
fiscal year (as described in the parenthetical matter in para-
graph (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 current fiscal year—
(i) the number of individuals who filed those com-
plaints, and
(ii) the number of those complaints which are at the
various steps of the complaint process.
(C) Of the total number of complaints pending in such
fiscal year (as described in the parenthetical matter in para-
graph (6)), the total number of complaints 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 investigation of such
complaints.
(c) TIMING AND OTHER REQUIREMENTS.—
(1) CURRENT YEAR DATA.—Data posted under this section
for the then current fiscal year shall include 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 corresponding 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).
H. R. 169—10
SEC. 302. DATA TO BE POSTED BY THE EQUAL EMPLOYMENT OPPOR-
TUNITY COMMISSION.
(a) IN GENERAL.—The Equal Employment Opportunity Commis-
sion 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 relating 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 section 301.
(b) SPECIFIC REQUIREMENTS.—The data posted under this sec-
tion shall, with respect to the hearings and appeals described in
subsection (a), include summary statistical 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 Federal agency.
SEC. 303. RULES.
The Equal Employment Opportunity Commission shall issue
any rules necessary to carry out this title.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.