Pub.L. 107-175 To designate the Federal building located in Charlotte Amalie, St. Thomas, United States Virgin Islands, as the ``Ron de Lugo Federal Building''. <> ...

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NOTIFICATION AND FEDERAL EMPLOYEE ANTIDISCRIMINATION AND RETALIATION ACT 
                                 OF 2002

[[Page 116 STAT. 566]]

Public Law 107-174
107th Congress

                                 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. <<NOTE: May 
                        15, 2002 -  [H.R. 169]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Notification and 
Federal Employee Antidiscrimina- tion and Retaliation Act of 2002.>> 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. <<NOTE: 5 USC 2301 note.>> 

    (a) Short Title.--This Act may be cited as the ``Notification and 
Federal Employee Antidiscrimination and Retaliation Act of 2002''.
    (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. Sense of Congress.
Sec. 103. Definitions.
Sec. 104. 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. Studies by General Accounting Office on exhaustion of remedies 
           and certain Department of Justice costs.

    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 
           Commission.
Sec. 303. Rules.

                       TITLE I--GENERAL PROVISIONS

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 individuals, including 
        representatives of the National Association 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;

[[Page 116 STAT. 567]]

            (3) in August 2000, a jury found that the Environmental 
        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 Congress 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 Investigation, the Bureau of Alcohol, 
        Tobacco, and Firearms, the Drug Enforcement Administration, the 
        Immigration and Naturalization Service, the United States 
        Marshals Service, the Department of Agriculture, the United 
        States Information Agency, and the Social Security 
        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 whistleblower 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--
            (1) Federal agencies should not retaliate for court 
        judgments or settlements relating to discrimination 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 compromised;
            (3) Federal agencies should not use a reduction in force or 
        furloughs as means of funding a reimbursement under this Act;
            (4)(A) accountability in the enforcement of employee 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 rights of managers who have been accused of 
        discrimination; and
            (B) Federal agencies should ensure that managers have 
        adequate training in the management of a diverse workforce and 
        in dispute resolution and other essential communication skills; 
        and

[[Page 116 STAT. 568]]

            (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.

SEC. 103. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``applicant for Federal employment'' 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 section 303;
            (3) the term ``Federal agency'' means an Executive agency 
        (as defined in section 105 of title 5, United States Code), the 
        United States Postal Service, or the Postal Rate Commission;
            (4) the term ``Federal employee'' means an individual 
        employed in or under a Federal agency;
            (5) the term ``former Federal employee'' means an individual 
        formerly employed in or under a Federal agency; and
            (6) the term ``issue of alleged discrimination'' shall have 
        the meaning given such term under section 303.

SEC. 104. 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 RETALIATION

SEC. 201. REIMBURSEMENT REQUIREMENT.

    (a) Applicability.--This section applies with respect 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 settlements) to any 
Federal employee, former Federal employee, or applicant for Federal 
employment, in connection with any proceeding brought by or on behalf of 
such employee, 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 reimbursed 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

[[Page 116 STAT. 569]]

for the enforcement 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 subsection are the 
following:
            (1) Section 2302(b) of title 5, 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 discriminatory conduct described in paragraphs (1) 
        and (8), of such section.
            (2) The provisions of law specified in section 2302(d) of 
        title 5, United States Code.

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 employment (as the case may be) in connection with the 
respective 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 provisions of 
        law; or
            (2) if, or 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 notification under this 
section shall include, but not be limited to, the posting of the 
information required under paragraph (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 regarding the rights and remedies 
applicable to such employees under the laws cited in section 201(c).

SEC. 203. REPORTING REQUIREMENT. <<NOTE: Deadline.>> 

    (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 Senate, the Committee on Governmental Affairs of the 
Senate, the Committee on Government Reform of the House of 
Representatives, each committee of Congress with jurisdiction relating 
to the agency, 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 paragraphs (1) and (2) of section 
        201(a) in which discrimination 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 reimbursed by such 
        agency under section 201 in connection with each of such cases, 
        separately identifying the aggregate amount of such 
        reimbursements attributable to the payment of attorneys' fees, 
        if any;

[[Page 116 STAT. 570]]

            (4) the number of employees disciplined for discrimination, 
        retaliation, harassment, or any other infraction of any 
        provision of law referred to in paragraph (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));
            (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 individual in 
                      violation of any of the laws cited under section 
                      201(a) (1) or (2); or
                          (ii) committed another prohibited personnel 
                      practice that was revealed in the investigation of 
                      a complaint alleging a violation 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 accordance with such 
                policy and the specific nature 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 Opportunity 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 experience; 
                and
                    (D) any actions planned or taken to improve 
                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 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.

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