EPA non-discrimination legislation?!

EPA Anti-Discrimination Bill Introduced Into Congress

Background: In a highly publicized hearing -- a glorified photo op for minority-vote pandering politicians of all stripes -- Republican members of the House Committee on Science recently grilled the EPA regarding highly publicized charges of discrimination by a few protected-class minority employees at the EPA.

Also See Below:
Text of the anti-discrimination bill

The House Science Committee is now introducing "do nothing, feel good" legislation to require EPA and other executive agencies to protect employees against discrimination and retaliation. But wait! Discrimination against protected classes in government employ is already copiously sanctioned by existing statute!

Undaunted, the Chairman of the Science Committee, Rep. F. James Sensenbrenner, Jr. (R-WI) is co-sponsoring legislation with Democratic Representative Sheila Jackson Lee (D-TX) to sanction federal agencies who practice discrimination.

Like virtually all other so-called civil rights legislation, this bill also fails to offer explicit protections against overly aggressive diversity hiring policies that penalize innocent non-minorities by denying them jobs for which they are highly qualified.

The text of the Sensenbrenner/Lee legislation appears below.

106th Congress
2D SESSION

H. R. ??

IN THE HOUSE OF REPRESENTATIVES

Mr. SENSENBRENNER introduced the following bill; which was referred to the Committee on Science

A BILL

To require that Federal agencies be accountable for violations of antidiscrimination and whistleblower protection laws, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Notification and Federal Employee Anti- discrimination and Retaliation Act of 2000’’.

SEC. 2. FINDINGS.

The Congress finds that—

(1) good science requires a tolerance of opposing viewpoints;

(2) Federal agencies cannot be run effectively if they practice or tolerate discrimination;

(3) the Committee on Science of the House of Representatives has heard testimony from individuals, including representatives of the National Association for the Advancement of Colored People and the National Whistleblower Center, that point to chronic problems of discrimination and retaliation against Federal employees at the Environmental Protection Agency;

(4) in August 2000, a jury found that the Environmental Protection Agency had discriminated against a senior social scientist [Marsha Coleman-Adebayo], and awarded that scientist $600,000;

(5) 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;

(6) notifying Federal employees of their rights under discrimination and whistle-blower statutes should increase agency compliance with the law;

(7) requiring annual reports to Congress on the number and severity of discrimination and whistle-blower cases brought against each Federal agency

should enable Congress to improve its oversight over agencies’ compliance with the law; and

(8) penalizing Federal agencies by requiring them to pay for any discrimination or whistle-blower judgment, award, or settlement should improve agency enforcement of whistle-blower and discrimination laws.

SEC. 3. REIMBURSEMENT REQUIREMENT.

(a) APPLICABILITY.—This section applies with respect to any payment made 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);

(2) any other provision of law which prohibits any form of discrimination, as identified under regulations prescribed under section 6.

(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 available for operating expenses of the Federal agency to which the discriminatory conduct involved is attributable, as determined under section 6.

(c) SCOPE.—The provisions of law cited in this subsection are section 322(a) of the Clean Air Act (42 U.S.C. 7622(a)), section 110(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9610(a)), section 507(a) of the Federal Water Pollution Control Act (33 U.S.C. 1367(a)), section 1450(i)(1) of the Safe Drinking Water Act (42 U.S.C. 300j-9(i)(1)), section 7001(a) of the Solid Waste Disposal Act (42 U.S.C. 6971(a)), and section 23(a) of the Toxic Substances Control Act (15 U.S.C. 2622(a)).

SEC. 4. NOTIFICATION REQUIREMENT.

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)-(2) of section 3(a) shall be provided to such employees, former employees, and applicants—

(1) in accordance with otherwise applicable provisions of law; or

(2) if to the extent that no such notification would otherwise be required, in such time, form, and manner as shall under section 6 be required in order to carry out the purposes of this section.

SEC. 5. REPORTING REQUIREMENT.

Each Federal agency shall submit to Congress an annual report which shall include, with respect to the prior calendar year—

(1) the number of cases arising under each of the respective provisions of law covered by paragraphs (1)-(2) of section 3(a) in which discrimination on the part of such agency was alleged;

(2) the status or disposition of cases described in paragraph (1); and (3) the amount of money required to be reimbursed by such agency under section 3 in connection with each of those cases, if any.

SEC. 6. REGULATIONS.

Any regulations necessary to carry out this Act shall be prescribed by the President or his designee.

SEC. 7. DEFINITIONS.

For purposes of this Act—

(1) the term ‘‘Federal agency’’ means an Executive agency, as defined by section 105 of title 5, United States Code;

(2) the term ‘‘Federal employee’’ means an individual employed in or under a Federal agency;

(3) the term ‘‘former Federal employee’’ means an individual formerly employed in or under a Federal agency; and

(4) the term ‘‘applicant for Federal employment’’ means an individual applying for employment in or under a Federal agency.

END of EPA Non-Discrimination Legislation?!