Page:United States Statutes at Large Volume 116 Part 1.djvu/593

 PUBLIC LAW 107-174—MAY 15, 2002 116 STAT. 567 (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)(A) accountability in the enforcement of employee rights is not furthered by terminating— (i) the employment of other employees; or (ii) the benefits to which those employees are entitled through statute or contract; and (B) this Act is not intended to authorize those actions; (5)(A) nor is accountability furthered if Federal agencies react to the increased accountability under this Act 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

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