In the Senate of the United States,
April 23, 2002.
Resolved, That the bill from the House of Representa-
tives (H.R. 169) entitled ‘‘An Act to require that Federal
agencies be accountable for violations of antidiscrimination
and whistleblower protection laws; to require that each Fed-
eral agency post quarterly on its public Web site, certain sta-
tistical data relating to Federal sector equal employment op-
portunity complaints filed with such agency; and for other
purposes.’’, do pass with the following
AMENDMENTS:
Ω1æPage 2, line 6, strike out ø2001¿ and insert: 2002
Ω2æPage 2, in the table of contents, strike out
øTITLE I—GENERAL PROVISIONS¿
øSec. 101. Findings.¿
øSec. 102 Definitions.¿
øSec. 103 Effective date.¿
and insert:
TITLE I—GENERAL PROVISIONS
Sec. 101. Findings.
Sec. 102. Sense of Congress.
Sec. 103. Definitions.
Sec. 104. Effective date.
HR 169 EAS
Ω3æPage 2, in the table of contents, strike out
øSec. 206 Study by the General Accounting Office regarding exhaustion of ad-
ministrative remedies.¿
and insert:
Sec. 206. Studies by General Accounting Office on exhaustion of remedies and
certain Department of Justice costs.
Ω4æPage 2, strike out all after line 9 over to and including
line 13 on page 4 and insert:
SEC. 101. FINDINGS.
Congress finds that—
(1) Federal agencies cannot be run effectively if
those agencies practice or tolerate discrimination;
(2) Congress has heard testimony from individ-
uals, including representatives of the National Asso-
ciation for the Advancement of Colored People and
the American Federation of Government Employees,
that point to chronic problems of discrimination 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
HR 169 EAS
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 Federal
agencies, including the Federal Bureau of Investiga-
tion, the Bureau of Alcohol, Tobacco, and Firearms,
the Drug Enforcement Administration, the Immigra-
tion and Naturalization Service, the United States
Marshals Service, the Department of Agriculture, the
United States Information Agency, and the Social Se-
curity Administration;
(6) notifying Federal employees of their rights
under discrimination and whistleblower laws should
increase Federal 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
compliance by agencies with the law; and
(8) requiring Federal agencies to pay for any
discrimination or whistleblower judgment, award, or
settlement should improve agency accountability with
respect to discrimination and whistleblower laws.
SEC. 102. SENSE OF CONGRESS.
It is the sense of Congress that—