Training for Supervisors
[Pub. L. 115–73, title I, § 106], Oct. 26, 2017, [131 Stat. 1238], provided that: “In consultation with the Special Counsel and the Inspector General of the agency (or senior ethics official of the agency for an agency without an Inspector General), the head of each agency shall provide training regarding how to respond to complaints alleging a violation of whistleblower protections (as defined in [former] section 2307 of title 5, United States Code, as added by section 107) available to employees of the agency—“(1)
to employees appointed to supervisory positions in the agency who have not previously served as a supervisor; and
“(2)
on an annual basis, to all employees of the agency serving in a supervisory position.”
[For definitions of “agency” and “employee” as used in [section 106 of Pub. L. 115–73], set out above, see [section 101 of Pub. L. 115–73], set out as a note under section 1212 of this title.]
Notification and Federal Employee Antidiscrimination and Retaliation
[Pub. L. 107–174], May 15, 2002, [116 Stat. 566], as amended by [Pub. L. 109–435, title VI, § 604(f)], Dec. 20, 2006, [120 Stat. 3242]; [Pub. L. 116–283, div. A, title XI], §§ 1132–1134(a)(1), (b), 1135–1137, Jan. 1, 2021, [134 Stat. 3900–3903], provided that:“SECTION 1.
SHORT TITLE; TABLE OF CONTENTS.
“(a)
Short Title.—
This Act may be cited as the ‘Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002’.
“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;
“(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)
accountability in the enforcement of the rights of Federal employees is furthered when Federal agencies agree to take appropriate disciplinary action against Federal employees who are found to have intentionally committed discriminatory (including retaliatory) acts;
“(5)
(A)
accountability is not furthered if Federal agencies react to the increased accountability under this Act for what, by law, the agency is responsible 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
“(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;
“(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 Regulatory 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 [May 15, 2002].
“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 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.
“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—