Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002
Became Public Law No: 107-174.
Congressional Research Service
Official summary
Version 01 · Reported to Senate with amendment(s) · Apr 15, 2002
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 to study and report to such 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; and (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.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.
Motion to reconsider laid on the table Agreed to without objection.
On motion that the House suspend the rules and agree to the Senate amendments Agreed to by the Yeas and Nays: (2/3 required): 412 - 0 (Roll no. 117). (consideration: CR H1691-1696, H1745-1746; text as House agreed to Senate amendments: CR H1691-1693)
Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendments Agreed to by the Yeas and Nays: (2/3 required): 412 - 0 (Roll no. 117).(consideration: CR H1691-1696, H1745-1746; text as House agreed to Senate amendments: CR H1691-1693)
Considered as unfinished business. (consideration: CR H1745)
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 5, rule I, the chair announced that further proceedings on the motion would be postponed.
DEBATE - 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.
Mr. Sensenbrenner moved that the House suspend the rules and agree to the Senate amendments.
Message on Senate action sent to the House.
Passed Senate with amendments by Unanimous Consent. (text: CR S3229-3231)
Passed/agreed to in Senate: Passed Senate with amendments by Unanimous Consent.(text: CR S3229-3231)
Measure laid before Senate by unanimous consent. (consideration: CR S3226-3231)
Placed on Senate Legislative Calendar under General Orders. Calendar No. 346.
Committee on Governmental Affairs. Reported by Senator Lieberman with amendments. With written report No. 107-143. (text of measure as reported in Senate: CR 4/23/2002 S3226-3228)
Committee on Governmental Affairs. Reported by Senator Lieberman with amendments. With written report No. 107-143.(text of measure as reported in Senate: CR 4/23/2002 S3226-3228)
Committee on Governmental Affairs. Ordered to be reported with amendments favorably.
Received in the Senate and Read twice and referred to the Committee on Governmental Affairs.
Motion to reconsider laid on the table Agreed to without objection.
On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 420 - 0 (Roll no. 360). (text: CR H6072-6073)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 420 - 0 (Roll no. 360).(text: CR H6072-6073)
Considered as unfinished business. (consideration: CR H6100)
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
DEBATE - The House proceeded with forty minutes of debate on H.R. 169.
Considered under suspension of the rules. (consideration: CR H6071-6076)
Mr. Sensenbrenner moved to suspend the rules and pass the bill, as amended.
Reported (Amended) by the Committee on Judiciary. H. Rept. 107-101, Part I.
Reported (Amended) by the Committee on Judiciary. H. Rept. 107-101, Part I.
Ordered to be Reported (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
Committee Hearings Held.
Referred to the Subcommittee on the Civil Service and Agency Organization.
Referred to the Subcommittee on Environment and Hazardous Materials, for a period to be subsequently determined by the Chairman.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Committee on Government Reform, and in addition to the Committees on Energy and Commerce, Transportation and Infrastructure, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Government Reform, and in addition to the Committees on Energy and Commerce, Transportation and Infrastructure, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Government Reform, and in addition to the Committees on Energy and Commerce, Transportation and Infrastructure, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Government Reform, and in addition to the Committees on Energy and Commerce, Transportation and Infrastructure, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Government Reform, and in addition to the Committees on Energy and Commerce, Transportation and Infrastructure, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Sponsor introductory remarks on measure. (CR E13)
Introduced in House
Introduced in House
Primary sources
Bill text & related measures
Text links open the official source. We currently store references to these documents.
Source last updated: Apr 7, 2025. Consult Congress.gov for the current record.
AI Conversation Starters
Explore the bill from different angles
Choose a perspective, copy a prompt, and paste it into your preferred AI. Each prompt includes the bill version and available official source links, and asks for counterarguments as well as supporting evidence.
Neutral evidence review
Objective
Analyze H.R.169 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.
View full prompt & sources
Fairness and public impact
Progressive lens
Examine H.R.169 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.
View full prompt & sources
Institutions and government scope
Conservative lens
Examine H.R.169 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.
View full prompt & sources
Individual rights and government power
Liberty lens
Examine H.R.169 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.