HR 169 · 107th Congress 2001–2003, ended

Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002

Introduced Jan 3, 2001 Originated House Became Public Law 107-174 Sponsor F. James Sensenbrenner, Jr. R-WI

Fact sheet Spreadsheet

Latest action · May 15, 2002 Became Public Law No: 107-174.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

IntroducedJan 3, 2001
Passed HouseOct 2, 2001
Passed SenateApr 23, 2002
To the PresidentMay 7, 2002
Became lawMay 15, 2002Public Law 107-174

Summary

Version

Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 - Title I: General Provisions - Expresses the sense of Congress that Federal agencies: (1) should not retaliate for court judgments or settlements relating to discrimination and whistle blower laws by targeting the claimant or other employees with reductions in compensation, benefits, or workforce; (2) should not use a reduction in force or furloughs as means of funding a reimbursement under this Act; (3) should ensure that managers have adequate training in the management of a diverse workforce and in dispute resolution; (4) are expected to reimburse the General Fund of the Treasury within a reasonable time under this Act; and (5) may need to extend reimbursement over several years in order to avoid reductions in force, furloughs, reductions in compensation or benefits, or an adverse effect on the mission of the agency. Declares that: (1) the agency's mission and the security of employees who are blameless in a whistle blower incident should not be compromised; and (2) accountability in the enforcement of employee rights is not furthered by terminating the employment or benefits of other employees or if Federal agencies react by taking unfounded disciplinary actions against, or by violating the procedural rights of, managers who have been accused of discrimination.

Title II: Federal Employee Discrimination and Retaliation - Requires the amount of any claim, final judgment, award, or compromise settlement paid to any current or former Federal employee or applicant in connection with specified anti-discrimination and whistle blower protection complaints to be reimbursed to the Treasury out of the operating expenses of the agency to which the discriminatory conduct is attributable.

(Sec. 202) Sets forth requirements for: (1) the written notification of Federal employees and applicants of their rights and remedies under anti-discrimination and whistle blower protection laws, including by posting that information on the Internet; and (2) employee training regarding such rights and remedies.

(Sec. 203) Requires each Federal agency to submit an annual report 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 congressional committee with jurisdiction relating to the agency, the Equal Employment Opportunity Commission (EEOC), and the Attorney General which includes: (1) the number and status of cases arising under such laws and the amount of money involved; (2) the number of employees disciplined; (3) data relating to complaints filed; (4) agency policy relating to disciplinary actions against employees who discriminated or committed another prohibited personnel practice; (5) an analysis of all such information in conjunction with certain data provided to the EEOC; and (6) any adjustment to comply with the reimbursement requirement under this Act.

(Sec. 204) Requires the President to: (1) issue rules to carry out this title; (2) require a study to be conducted in the executive branch to determine the best practices relating to disciplinary actions against such employees; and (3) issue advisory guidelines incorporating such practices. Requires each Federal agency to notify the Speaker of the House, the President pro tempore, the EEOC, and the Attorney General regarding implementation of such guidelines.

(Sec. 206) Directs the General Accounting Office (GAO) to study and report to specified congressional officials and Federal entities on: (1) the effects of eliminating the requirement that Federal employees aggrieved by violations of anti-discrimination and whistle blower protection laws exhaust administrative remedies before filing complaints with the EEOC; (2) 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 administrative costs incurred in defending in discrimination and whistle blower cases; (3) the effects of the reimbursement requirement and of the provisions relating to the payment of claims under the Contract Disputes Act of 1978 on Federal agency operations; and (4) the extent of any administrative and personnel costs incurred by the Department of the Treasury to account for payments made as a result of this Act and the Contract Disputes Act of 1978.

Title III: Equal Employment Opportunity Complaint Data Disclosure - Directs: (1) each Federal agency to post on its public Web site specified summary statistical data relating to equal employment opportunity complaints filed with such agency by employees or applicants; (2) the EEOC to post on its public Web site summary statistical data relating to hearings requested on such complaints and appeals filed with it from final agency actions; and (3) the EEOC to issue rules governing the posting of such data.

Recorded votes 2

Newest first. Open one to see how every member voted.

Roll call	Question	Result	Date
House 117	Suspend the Rules and Agree to Senate Amendments	Passed412–0	Apr 30, 2002

House 360	On Motion to Suspend the Rules and Pass, as Amended	Passed420–0	Oct 2, 2001

Cosponsors 26

Members who signed on, in the order they did. Signatures ran from Jan 31, 2001 to Jul 11, 2001.

Seat	Cosponsor	Signed on
D-TX	Sheila Jackson Lee	Jan 31, 2001
D-MD	Albert Russell Wynn	Mar 1, 2001
R-MD	Constance A. Morella	Mar 1, 2001
R-MN	Gil Gutknecht	Mar 1, 2001
R-TX	Lamar Smith	Mar 1, 2001
R-MI	Vernon J. Ehlers	Mar 1, 2001
D-FL	Corrine Brown	Mar 15, 2001
D-NY	Edolphus Towns	Mar 15, 2001
D-DC	Eleanor Holmes Norton	Mar 15, 2001
D-IN	Julia Carson	Mar 15, 2001
R-WI	Thomas E. Petri	Mar 15, 2001
D-GA	Cynthia A. McKinney	Apr 25, 2001
R-FL	Dave Weldon	Apr 25, 2001
D-OH	Dennis J. Kucinich	Apr 25, 2001
D-MD	Elijah E. Cummings	Apr 25, 2001
D-MA	James P. McGovern	Apr 25, 2001
D-CA	Loretta Sanchez	Apr 25, 2001
R-WI	Mark Green	Apr 25, 2001
D-TX	Max Sandlin	Apr 25, 2001
R-TX	Richard K. Armey	Apr 25, 2001
D-PA	William J. Coyne	Apr 25, 2001
D-CA	Maxine Waters	May 3, 2001
D-IL	Danny K. Davis	May 15, 2001
D-CA	Howard L. Berman	May 15, 2001
R-NM	Joe Skeen	Jun 12, 2001
D-HI	Patsy T. Mink	Jul 11, 2001

Committees 5

Where it was sent and what each committee and subcommittee did with it, in order.

Chamber	Committee	What it did
House	Oversight and Government Reform Committee	Referred Jan 3, 2001
	Civil Service and Agency Organization Subcommittee	Referred Feb 13, 2001
House	Energy and Commerce Committee	Referred Jan 3, 2001
	Environment and Hazardous Materials Subcommittee	Referred Feb 7, 2001
House	Transportation and Infrastructure Committee	Referred Jan 3, 2001
	Water Resources and Environment Subcommittee	Referred Jan 4, 2001
House	Judiciary Committee	Referred Jan 3, 2001Hearings May 9, 2001Markup May 23, 2001Reported Jun 14, 2001
Senate	Homeland Security and Governmental Affairs Committee	Referred Oct 3, 2001Markup Mar 21, 2002Reported Apr 15, 2002

Actions 34

Everything that happened, newest first.

May 15, 2002Signed by President.
May 15, 2002Became Public Law No: 107-174.
May 7, 2002Presented to President.
Apr 30, 2002Mr. Sensenbrenner moved that the House suspend the rules and agree to the Senate amendments.
Apr 30, 2002DEBATE - The House proceeded with forty minutes of debate on the motion to suspend the rules and agree to the Senate amendments to H.R. 169.

Show all 34 actions

In the Congressional Record 4

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

Where	In the Record	Members	Date
House	Debate and remarks H1691–H1696Amendments H1691Recorded votes H1745enact	Constance A. Morella R-MD, Danny K. Davis D-IL, F. James Sensenbrenner, Jr. R-WI, Sheila Jackson Lee D-TX	Apr 30, 2002
Senate	Debate and remarks S3226, S3229Text printed S3229–S3231Amendments S3223, S3226, S3229	Fred Thompson R-TN (amendment), Harry Reid D-NV, John Warner R-VA	Apr 23, 2002
House	Debate and remarks H6071–H6076Text printed H6072Recorded votes H6100enact	Constance A. Morella R-MD, F. James Sensenbrenner, Jr. R-WI, Sheila Jackson Lee D-TX	Oct 2, 2001
Extensions	Debate and remarks E13	F. James Sensenbrenner, Jr. R-WI	Jan 3, 2001

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee reports

Congressional Budget Office cost estimates 6

May 3, 2002H.R. 169, Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002Pay-as-you-go estimate for the bill as cleared by the Congress on April 30, 2002
May 3, 2002H.R. 169, Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002Pay-as-you-go estimate for the bill as cleared by the Congress on April 30, 2002
Apr 3, 2002H.R. 169, Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002Cost estimate for the bill as ordered reported by the Senate Committee on Governmental Affairs on March 21, 2002
Apr 3, 2002H.R. 169, Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002Cost estimate for the bill as ordered reported by the Senate Committee on Governmental Affairs on March 21, 2002
Jun 8, 2001H.R. 169, Notification and Federal Employee Antidiscrimination and Retaliation Act of 2001Cost estimate for the bill as ordered reported by the House Committee on the Judiciary on May 23, 2001
Jun 8, 2001H.R. 169, Notification and Federal Employee Antidiscrimination and Retaliation Act of 2001Cost estimate for the bill as ordered reported by the House Committee on the Judiciary on May 23, 2001

CRS reports 3

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 3

Products on other subjects that cite it, usually among other measures.

Product	Title	Kind	Published
RL34619	Use of the Capitol Rotunda, Capitol Grounds, and Emancipation Hall: Concurrent Resolutions, 101st to 119th Congresses	Report	Feb 6, 2026
RL31139	Cuba: U.S. Restrictions on Travel and Remittances Archived	Report	Dec 15, 2022
R46629	Intelligence Community Diversity and Equal Opportunity Archived	Report	Dec 7, 2020

Amendments 2

Amendments offered to this bill.

Amendment	Description	Offered by	Status
SA 3327	To provide for the General Accounting Office to conduct studies on the effects of the Act and of the Contract Disputes Act of 1978 (41 U.S.C. 601 note; Public Law 95-563) on operation of agencies.	Fred Thompson R-TN	Amendment SA 3327 agreed to in Senate by Unanimous Consent.
SA 3328	To provide for the General Accounting Office to conduct a study on the administration and personnel costs incurred by the Department of the Treasury in the administration of the Judgement funds.	Fred Thompson R-TN	Amendment SA 3328 agreed to in Senate by Unanimous Consent.

Related bills 1

Companion bills and other measures the record links to this one.

Bill	Title	Relationship	Latest action
S 201	Federal Employee Protection Act of 2001	Related bill	Mar 20, 2001

Titles 7

Every title it has carried, official and short, at each stage.

Official Title as Introduced: To require that Federal agencies be accountable for violations of antidiscrimination and whistleblower protection laws, and for other purposes.
Short Titles as Introduced: Notification and Federal Employee Antidiscrimination and Retaliation Act of 2001
Short Titles as Reported to House: Notification and Federal Employee Antidiscrimination and Retaliation Act of 2001
Short Titles as Reported to Senate: Notification and Federal Employee Antidiscrimination and Retaliation Act of 2001
Short Titles as Passed House: Notification and Federal Employee Antidiscrimination and Retaliation Act of 2001
Short Titles as Passed Senate: Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002
Short Titles as Enacted: Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002

Subjects

Assigned by the Library of Congress. Policy area: Government Operations and Politics.

Text 6

Each version as it was printed, newest first.

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.