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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
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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;
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(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).
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